Legal Opinion

National Labor Relations Board v. Marin Operating, Inc.

Court of Appeals for the Ninth Circuit

Decided July 21, 1987No. NLRB Nos. 20-CA-19106, 20-CA-19119PublishedCited by 1 opinion

1Opinion of the Court

WALLACE, Circuit Judge:

The National Labor Relations Board (Board) applies for enforcement of its order requiring Marin Operating, Inc. and Colorado Marin Associates (Marin) to recognize and bargain with two unions, and Marin cross-petitions for review of the order. The principal issue is whether a successor employer may refuse to bargain with an incumbent union on the ground that the bargaining unit is inappropriate because a predecessor employer, in recognizing the union 12 years earlier, violated a Board order. The Board had jurisdiction over the proceedings below pursuant to 29 U.S.C. §…

2Cases cited13 opinions

  1. National Labor Relations Board v. Burns International Security Services, Inc.Supreme Court of the United States · 1972
  2. Packard Motor Car Co. v. National Labor Relations BoardSupreme Court of the United States · 1947
  3. Fall River Dyeing & Finishing Corp. v. National Labor Relations BoardSupreme Court of the United States · 1987
  4. Local Lodge No. 1424, International Ass'n of MacHinists v. National Labor Relations BoardSupreme Court of the United States · 1960
  5. Premium Foods, Incorporated, and v. National Labor Relations Board, AndCourt of Appeals for the Ninth Circuit · 1983

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3Cited by1 opinion

  1. National Labor Relations Board v. Marin Operating, Inc., D/B/A the Clarion Hotel-Marin Colorado Marin Associates, a Joint Venture, Marin Operating, Inc., D/B/A the Clarion Hotel-Marin Colorado Marin Associates, a Joint Venture v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1987

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