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FRANKL v. HTH CORP.

No. 10-15984.

650 F.3d 1334 (2011)

Joseph F. FRANKL, Regional Director of Region 20 of the National Labor Relations Board, for and on behalf of the National Labor Relations Board, Petitioner-Appellee, v. HTH CORPORATION; Koa Management, LLC, dba Pacific Beach Hotel; Pacific Beach Corporation, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 13, 2011.

Attorney(s) appearing for the Case

Judith Ilene Katz , Margaret E. Luke (argued), and Steven Lewis Sokolow , National Labor Relations Board, Washington, D.C.; Jill H. Coffman and Olivia Garcia , National Labor Relations Board Region 20, San Francisco, CA, Thomas W. Cestare , Trent Kiyoshi Kakuda , and Dale Kanayo Yashiki , National Labor Relations Board Sub-Region 37, Honolulu, HI, for petitioner-appellee Joseph F. Frankl, Regional Director of Region 20 of the National Labor Relations Board, for and on behalf of the National Labor Relations Board.

Wesley Fujimoto (argued) and Ryan Sanada , Imanaka Kudo & Fujimoto LLC, Honolulu, HI, for respondents-appellants HTH Corporation, Pacific Beach Corporation, and Koa Management, LLC.

Before: A. WALLACE TASHIMA, WILLIAM A. FLETCHER, and MARSHA S. BERZON, Circuit Judges.

OPINION

BERZON, Circuit Judge:

This appeal of an injunction issued pursuant to § 10(j), 29 U.S.C. § 160(j), of the National Labor Relations Act, 29 U.S.C. § 151 et seq., (the "NLRA" or the "Act"), raises two questions, one difficult, the other relatively straightforward.

The straightforward question is whether the injunction should be affirmed on its merits. We have little difficulty...

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