National Labor Relations Board v. Wayne Johnson

368 F.2d 549 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. Wayne JOHNSON, an Individual, d/b/a Carmichael Floor Covering Co., and John Duncan, an Individual, d/b/a Dun can Floor Co., Respondents. No. 20760. United States Court of Appeals Ninth Circuit. October 17, 1966. Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Nancy M. Sherman, Marcus W. Sisk, Attys., N.L.R.B., Washington, D. C., for petitioner. Clifford R. Lewis, Sacramento, Cal., for respondents. Before HAMLEY, MERRILL and BROWNING, Circuit Judges. HAMLEY, Circuit Judge: 1 The National Labor Relations Board petitions for enforcement of its cease and desist order issued against Wayne Johnson, d/b/a Carmichael Floor Covering Co., and John Duncan, d/b/a Duncan Floor Co. The Board's decision and order, issued on November 9, 1965, are reported at 155 N.L.R.B. No. 65. 2 The Board order is based on its finding that, in violation of section 8(a) (5) and (1) of the National Labor Relations Act (Act), 49 Stat. 452 , as amended 29 U.S.C. § 158 (a) (5) and (1), respondents refused to bargain with Carpet, Linoleum and Soft Tile Local Union No. 1237, Brotherhood…