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DELTA SANDBLASTING v. NATIONAL LABOR RELATIONS BD.

Nos. 18-73097, 18-73305.

969 F.3d 957 (2020)

DELTA SANDBLASTING COMPANY, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, District Council 16 of the International Union of Painters and Allied Trades, Respondent-Intervenor. National Labor Relations Board, Petitioner, International Union of Painters and Allied Trades, District Council 16, Petitioner-Intervenor, v. Delta Sandblasting Company, Inc., Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 11, 2020.

Attorney(s) appearing for the Case

Alan S. Levins (argued) and Courtney M. Osborn , Littler Mendelson P.C., San Francisco, California, for Petitioner/Respondent Delta Sandblasting Company, Inc.

Barbara A. Sheehy (argued) and Gregoire Sauter , Attorneys; Usha Dheenan , Supervisory Attorney; David Habenstreit , Acting Deputy Associate General Counsel; Alice B. Stock , Associate General Counsel; Peter B. Robb , General Counsel; National Labor Relations Board, Washington, D.C.; for Respondent/Petitioner National Labor Relations Board.

David A. Rosenfield (argued) and Caroline N. Cohen , Weinberg Roger & Rosenfeld, Alameda, California, for Respondent-Intervenor/Petitioner-Intervenor.

Dissent by Judge Bumatay.

OPINION

Petitioner Delta Sandblasting Company, Inc. (Delta) appeals the National Labor Relations Board's (the Board) order ruling that it committed an unfair labor practice when, in March 2016, it decreased its employees' hourly pension contribution rate to the Pacific Coast Shipyards Pension Fund (the Pension...

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