National Labor Relations Board v. Cornell of California, Inc.

577 F.2d 513 98 L.R.R.M. (BNA) 3317 , 84 Lab.Cas. P 10,742 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. CORNELL OF CALIFORNIA, INC., Respondent. No. 76-1545. United States Court of Appeals, Ninth Circuit. June 14, 1978. Elliott Moore, Washington, D.C., for petitioner. George King and Arthur W. Ruthbenbeck of Boornazian & Schulze, Oakland, Cal., for respondent. Petition for Enforcement of Order of the National Labor Relations Board. Before DUNIWAY, CUMMINGS, * and SNEED, Circuit Judges. CUMMINGS, Circuit Judge. 1 The National Labor Relations Board petitions for enforcement of its order requiring respondent Cornell of California, Inc. to recognize and upon request bargain with the Northern California Joint Board, Amalgamated Clothing Workers of America. Because the Company does not dispute that it refused to bargain but rather insists that its refusal was lawful, the key question is whether substantial evidence supports the Board's finding that Cornell had no good faith doubt of the Union's majority status sufficient to relieve Cornell of the legal obligation to recognize the Union and to bargain under Sections 8(a)(1) and 8(a)(5) of the Act ( 29 U.S.C. §§ 158 (a)(1)…