A. Dariano & Sons, Inc., a California Corporation v. District Council of Painters No. 33, and Northern California Painters Administrative Fund, Inc.

ALDISERT, Circuit Judge:

The question arising here is whether a determination by the Regional Director of the National Labor Relations Board (“NLRB” or “the Board”) that A. Dariano & Sons, Inc. (“A. Dariano”) and Dariano Brothers, Inc. (“Dariano Brothers”) were not common, single or joint employers, precluded an arbitrator in a subsequent proceeding from concluding that Dariano Brothers was the alter ego of A. Dariano for the purpose of employee representation. In Carpenters Local Union No. 1478 v. Stevens, 743 F.2d 1271 (9th Cir.1984), ce rt. denied, 471 U.S. 1015, 105 S.Ct. 2018, 85 L.Ed.2d…