National Labor Relations Board v. Lerner Stores Corporation

506 F.2d 706 87 L.R.R.M. (BNA) 2705 , 75 Lab.Cas. P 10,426 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. LERNER STORES CORPORATION, Respondent, and Retail Clerks Union, Local 870, Retail Clerk International Association, AFL-CIO, Intervenor. No. 73-3097. United States Court of Appeals, Ninth Circuit. Oct. 31, 1974. Joseph Oertel, Atty., NLRB (argued), Washington, D.C., for petitioner. Robert M. Lieber, Littler, Mendelson & Fastiff, San Francisco, Cal. (argued), for respondent. 1 Barry S. Jellison, Davis, Cowell & Bowe (argued), San Francisco, Cal., for intervenor-charging party. 2 Before HAMLEY and DUNIWAY, Circuit Judges, and NEILL, 1 District judge. OPINION 3 NEILL, District Judge. 4 The National Labor Relations Board (hereafter, 'the Board') under 29 U.S.C. 160(e) applies to this Court for enforcement of its order requiring Lerner Stores Corporation (hereafter 'the Company') to bargain with Local 870 of the Retail Clerks International Association, AFL-CIO, (hereafter, 'the Union'). We enforce the Board's order. 5 The Board's determination that the Hayward store of Company is an appropriate bargaining unit is the sole issue on this appeal. 6 The Company operates…