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SCOTT v. STEPHEN DUNN & ASSOC.

No. 00-15416

241 F.3d 652 (2001)

James S. Scott, Director of the Thirty-Second Region of the National Labor Relations Board, for and on behalf of the National Labor Relations Board, Petitioner-Appellant, v. Stephen Dunn & Associates, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 2, 2001

Attorney(s) appearing for the Case

Aaron N. Karsh, Judith I. Katz and Ellen A. Farrell, National Labor Relations Board, Washington, D.C., for the petitioner-appellant.

Harry Lewis, Richard J. Curiale, Carmen Plaza de Jennings, and Sarah L. Harpham, Curiale, Dellaverson, Hirshchfeld, Kelly & Kramer, LLP, San Francisco, California, for the respondent-appellee.

Arthur Krantz, Leonard, Carder, Nathan, Zuckerman, Ross, Chin & Remar, LLP, Oakland, California, for Amicus Curiae International Longshore and Warehouse Union Local 6.

Before: Mary M. Schroeder, Chief Judge, Joseph T. Sneed and Richard A. Paez, Circuit Judges.

Argued and Submitted October 3, 2000 — San Francisco, California

PAEZ, Circuit Judge:

The Regional Director of the National Labor Relations Board appeals the district court's refusal to enter an interim bargaining order pursuant to section 10(j) of the National Labor Relations Act, 29 U.S.C. § 160(j) ("NLRA"). The Regional Director contends that the district court abused its discretion in finding that (1) the Union did not have the support of a...

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