National Labor Relations Board v. Top Manufacturing Company, Inc.

594 F.2d 223 101 L.R.R.M. (BNA) 2081 , 86 Lab.Cas. P 11,260 NATIONAL LABOR RELATIONS BOARD, Petitioner, and Carpenters Local Union 1959, United Brotherhood of Carpenters and Joiners of America, AFL-CIO, Intervenor, v. TOP MANUFACTURING COMPANY, INC., Respondent. No. 77-3062. United States Court of Appeals, Ninth Circuit. March 29, 1979. Allison W. Brown, Jr. (argued), Candace M. Carroll, Washington, D.C., for petitioner. David G. Moore (argued), Riverside, Cal., for respondent. Application for Enforcement of an Order of the National Labor Relations Board. Before HUFSTEDLER and WALLACE, Circuit Judges, and HAUK, * District Judge. PER CURIAM: 1 The Board seeks enforcement of its order based on the Board's findings that the company violated Section 8(a)(5) and (1) by withdrawing recognition from the union without any objective basis for reasonably doubting the union's continued majority status and by thereafter refusing to bargain with the union, and its finding that the company violated Section 8(a)(3) and (1) of the Act by refusing to offer reinstatement to unfair labor practice strikers after their unconditional offer to return to work. 2 As the parties recognize, under the…