Heavenly Valley Ski Area, a California Corporation, and Heavenly Valley, a Partnership v. National Labor Relations Board

(concurring and dissenting):

I concur in the court’s memorandum except to the extent it refuses to order a hearing with respect to the material misrepresentations of the union. The limited opportunity to reply afforded Heavenly Valley should not deprive it of the hearing it seeks.

MEMORANDUM

Heavenly Valley Ski Area, a California corporation, and Heavenly Valley, a partnership, have petitioned this court pursuant *271 to section 10(f) of the National Labor Relations Act, as amended, 29 U.S.C. § 160 (f) (1970), for review of a decision and order by the National Labor Relations Board requiring collective bargaining. The decision and order are reported at 215 N.L.R.B. No. 129 (1974). The Board, pursuant to section 10(e) of the Act, 29 U.S.C. § 160 (e) (1970), has cross-petitioned for enforcement. Consolidated with the above petition is a Board application for enforcement of an order, 215 N.L.R.B. No. 63 (1974), requiring the employer to cease and desist from physically assaulting union agents or representatives, or threatening to do so, in the presence of employees. We enforce these orders.

Heavenly Valley Ski Area and Heavenly Valley together operate a ski resort and related enterprises at South Lake Tahoe. For the purpose of these proceedings they constitute a single integrated enterprise and will be referred to as Heavenly Valley. The ski resort operates for approximately seven months of the year. The size of Heavenly Valley’s labor force varies…

552 F.2d 269 94 L.R.R.M. (BNA) 3157 HEAVENLY VALLEY SKI AREA, a California Corporation, and Heavenly Valley, a partnership, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Nos. 75-1534 and 75-1769. United States Court of Appeals, Ninth Circuit. Jan. 19, 1977. As Amended on Denial of Rehearing and Rehearing En Banc March 3, 1977. James H. Quirk (argued), Brobeck, Phleger & Harrison, San Francisco, Cal., for petitioner. Elliot Moore, Acting Asst. Gen. Counsel, N.L.R.B., Margery Lieber, Atty., N.L.R.B., Washington, D.C. (argued), for respondent. Michael B. Roger, Levy, Van Borg & Hackler, San Francisco, Cal., for intervenor Labor Union 1276. MEMORANDUM Before HUFSTEDLER and SNEED, Circuit Judges, and EAST, * District Judge. PER CURIAM: 1 Heavenly Valley Ski Area, a California corporation, and Heavenly Valley, a partnership, have petitioned this court pursuant to section 10(f) of the National Labor Relations Act, as amended, 29 U.S.C. § 160 (f) (1970), for review of a decision and order by the National Labor Relations Board requiring collective bargaining. The decision and order are reported at 215 N.L.R.B. No. 129 (1974). The Board, pursuant to section 10(e)…