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FRANKL EX REL. N.L.R.B. v. HTH CORP.

Nos. 11-18042, 11-71676, 11-71968.

693 F.3d 1051 (2012)

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, a single employer, DBA Pacific Beach Hotel; Pacific Beach Corporation, a single employer, DBA Pacific Beach Hotel, KOA Management, LLC, a single employer, DBA Pacific Beach Hotel, Respondents-Appellants. National Labor Relations Board, Petitioner, v. HTH Corporation; Pacific Beach Corporation and KOA Management, LLC, a single employer, dba Pacific Beach Hotel; HTH Corporation, dba Pacific Beach Hotel; KOA Management, LLC, dba Pacific Beach Hotel; Pacific Beach Corporation, dba Pacific Beach Hotel, Respondents. HTH Corporation; Pacific Beach Corporation, dba Pacific Beach Hotel; KOA Management, LLC, dba Pacific Beach Hotel, Petitioners, v. National Labor Relations Board, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 6, 2012.

Attorney(s) appearing for the Case

Catherine J. Trafton , NLRB, Washington, DC, for petitioner-appellee Joseph F. Frankl.

Barbara Sheehy , NLRB, Washington, DC, for petitioner-respondent National Labor Relations Board.

Wesley M. Fujimoto , Honolulu, HI, for respondents-petitioners HTH Corporation, et al.

Before: MARY M. SCHROEDER, CONSUELO M. CALLAHAN, and N. RANDY SMITH, Circuit Judges.

OPINION

SCHROEDER, Circuit Judge:

These two matters have been consolidated for a single opinion because they both arise out of the same long-running labor dispute. The employer is HTH Corporation, which operates the Pacific Beach Hotel ("the Hotel") in Honolulu. The Union is the International Longshore and Warehouse Union, Local 142. In NLRB v. HTH Corp., we have cross-petitions from the 2011 ruling of the National Labor Relations Board ("NLRB" or...

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