National Labor Relations Board v. Inter-Island Resorts, Ltd., D/B/A Kona Surf Hotel, and Ilwu Local 142

Before CHOY and SNEED, Circuit Judges, and NEILL, District Judge.

This case involves a petition by the National Labor Relations Board under § 10(e) of the National Labor Relations Act, 29 U.S.C. § 160 (e), for enforcement of its order directed against respond ents, Inter-Island Resorts, Ltd., and the International Longshoreman’s and Warehouseman’s Union, Local 142, pursuant to the Board’s finding that they violated respectively, § 8(a)(1), (2) and (3) and (b)(1)(A) and (2).

There are no relevant facts in dispute since the Board’s decision was based on a written stipulation of the facts entered by the parties. Inter-Island Resorts, Ltd., is a Hawaii corporation which operates several hotels in that state. In 1970 Inter-Island began construction of the Kona Surf Hotel on the island of Hawaii. The hotel was scheduled to open in the early fall of 1971. In early September, 1971, respondent company formally hired and placed 95 employees on the Kona Surf payroll. The respondent union, which represented employees at six other hotels operated by Inter-Island, requested recognition as the exclusive bargaining representative of the employees, based on a cross-check of union…