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EAST BAY AUTOMOTIVE COUNCIL v. N.L.R.B.

Nos. 04-74997, 04-75871, 05-71144.

483 F.3d 628 (2007)

EAST BAY AUTOMOTIVE COUNCIL and its affiliated local unions: District Lodge No. 190; Local Lodge No. 1546; Int'l. Association of Machinists & Aerospace Workers, AFL-CIO; Auto, Marine & Specialty Painters Union, Local No. 1176; Teamsters Automotive Employees Union, Loc. 78; Int'l. Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, AFL-CIO, Petitioner, M & M Automotive Group, Inc., d/b/a Broadway Volkswagen, Intervenor, v. NATIONAL LABOR RELATIONS BOARD, Respondent. National Labor Relations Board, Petitioner, v. M & M Automotive Group, Inc., d/b/a Broadway Volkswagen, Respondent. M & M Automotive Group, Inc., d/b/a Broadway Volkswagen, Petitioner, East Bay Automotive Machinists Union Lodge 1546, Intervenor, v. National Labor Relations Board, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 16, 2007.

Attorney(s) appearing for the Case

Robert G. Hulteng, San Francisco, California, argued the case and was on the briefs for petitioner-intervenor M & M Automotive Group, Inc.; Denise C. Barton and Michael G. Pedhirney, Littler Mendelson, P.C., were also on the briefs.

David A. Rosenfeld, Alameda, California, argued the case and was on the briefs for petitioner-intervenor East Bay Automotive Council, et al.; Caren P. Sencer, Weinberg, Roger & Rosenfeld, was also on the briefs.

David A. Fleischer, Washington, D.C., argued the case and was on the brief for petitioner-respondent National Labor Relations Board; Arthur F. Rosenfeld, John E. Higgins Junior, Aileen Armstrong, and Meredith L. Jason, National Labor Relations Board, were also on the brief.

Before: ROBERT R. BEEZER, DIARMUID F. O'SCANNLAIN, and STEPHEN S. TROTT, Circuit Judges.

O'SCANNLAIN, Circuit Judge.

We must decide whether to enforce an affirmative bargaining order issued by the National Labor Relations Board after nearly eight years of litigation involving an automotive dealer and a union in Oakland, California.

I

East Bay Automotive Council and its affiliated local unions ("the Union"), and M & M Automotive Group, Inc., d/b/a Broadway Volkswagen ("the Employer"), appeal the National Labor Relations Board's (...

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