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INTERN. UNION OF PAINTER v. J & R FLOORING

Nos. 08-17089, 10-72727, 10-73383, 10-73561.

656 F.3d 860 (2011)

INTERNATIONAL UNION OF PAINTER AND ALLIED TRADES, DISTRICT 15, LOCAL 159, Petitioner-Appellant, v. J & R FLOORING, INC., dba J. Picini Flooring; Freeman's Carpet Service, Inc.; FCS Flooring, Inc.; Flooring Solutions of Nevada, Inc., dba FSI, Respondents-Appellees. International Union of Painter and Allied Trades, District 15, Local 159, Petitioner, J & R Flooring, Inc., Intervenor, v. National Labor Relations Board, Respondent. Flooring Solutions of Nevada, Inc., DBA FSI, Petitioner, District Council of Painters No. 16, Intervenor-Pending, v. National Labor Relations Board, Respondent. National Labor Relations Board, Petitioner, v. Flooring Solutions of Nevada, Inc., DBA FSI, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 29, 2011.

Attorney(s) appearing for the Case

David A. Rosenfeld , Alameda, CA, for petitioner-appellant International Union of Painter & Allied Trades, District, Council 15, Local 159.

Thomas A. Lenz , Cerritos, CA, for respondent-appellee Flooring Solutions of Nevada, Inc., dba FSI.

Gregory E. Smith , Las Vegas, NV, for respondents-appellees J & R Flooring, Inc., et al.

Steven B. Goldstein , NLRB, Washington, D.C., for respondent-petitioner National Labor Relations Board.

Before: MARY M. SCHROEDER and CONSUELO M. CALLAHAN, Circuit Judges, and BARBARA M.G. LYNN, District Judge.

OPINION

SCHROEDER, Circuit Judge:

These consolidated cases arise out of a 2007 labor dispute between the Painters Union and Nevada contractors over whether the Union's card check established its majority status under the terms of the collective bargaining agreement ("CBA"), thereby requiring the contractors to bargain with the Union pursuant to Section 9(a) of the National Labor Relations Act ("NLRA"). One set of cases arises from the Union's charges before...

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