National Labor Relations Board, and Alsam G. Small, Intervenor v. Hospital and Institutional Workers Union, Local 250

577 F.2d 649 99 L.R.R.M. (BNA) 2431 , 84 Lab.Cas. P 10,710 NATIONAL LABOR RELATIONS BOARD, Petitioner, and Alsam G. Small, Intervenor, v. HOSPITAL AND INSTITUTIONAL WORKERS UNION, LOCAL 250, Respondent. No. 77-2081. United States Court of Appeals, Ninth Circuit. July 3, 1978. Joseph Norelli (argued), Washington, D. C., for petitioner. Bari Stolmack (argued), of Van Bourg, Allen, Weinberg, Williams & Roger, San Francisco, Cal., for respondent. On Application for Enforcement of an Order of The National Labor Relations Board. Before TUTTLE, * DUNIWAY and WRIGHT, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 The Board seeks enforcement of its order adopting the decision of an Administrative Law Judge (ALJ) that Hospital and Institutional Workers Union Local 250 violated § 8(b)(1)(A) and (2) of the National Labor Relations Act (Act) ( 29 U.S.C. § 158 (b)(1)(A) and (2)) by agreeing with Kaiser Foundation Hospitals in 1974 to add non-member therapists to a bargaining unit without a showing of majority support and to require all therapists either to join the union or to pay the equivalent of monthly dues. 228 N.L.R.B. No. 57 (1977). 2 The Board's conclusion that Local…