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N.L.R.B. v. KOLKKA

No. 97-71132.

170 F.3d 937 (1999)

NATIONAL LABOR RELATIONS BOARD, Petitioner, Carpenters Local Union No. 2236, Intervenor, v. John KOLKKA, d/b/a Kolkka Tables and Finnish-America Saunas, a sole proprietorship, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided March 17, 1999.

Attorney(s) appearing for the Case

John Arbab, Margaret Ann Gaines, and Anne Marie Lofaso, Washington, D.C., for the petitioner.

Mark R. Thierman, Donald G. Ousterhout, Therman Law Firm, San Francisco, California, for the respondent.

Before: WOOD, THOMPSON, and THOMAS, Circuit Judges.

THOMAS, Circuit Judge:

This appeal presents the question of whether an employer may refuse to bargain with certified representatives of its employees because some of the voting employees were undocumented aliens. We hold that an employer may not do so, and grant the National Labor Relations Board's petition for enforcement of its cease and desist order.

I

John Kolkka is the sole proprietor of a sauna and furniture manufacturing business known as...

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