National Labor Relations Board v. Davis

642 F.2d 350 107 L.R.R.M. (BNA) 2248 , 91 Lab.Cas. P 12,715 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. Steven DAVIS and Michael Provenzano, d/b/a Carlton's Market, Respondent, Retail Clerks Union Local 1428, United Food Commercial Workers International Union, AFL-CIO, Intervenor. No. 79-7566. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 9, 1980. Decided April 20, 1981. Andrew F. Tranovich, Washington, D. C., for petitioner. Robert M. Simpson, Rose, Klein & Marias, Los Angeles, Cal., for respondent. 1 On Application for Enforcement of an Order of The National Labor Relations Board. 2 Before FLETCHER and FERGUSON, Circuit Judges, and FITZGERALD * , District Judge. FITZGERALD, District Judge: 3 The National Labor Relations Board ruled that Carlton's Market of El Monte, California engaged in unfair labor practices which dissipated a union majority within the bargaining unit and brought about conditions making a fair representation election impossible. As a consequence, the Board issued a bargaining order and now comes to this court for enforcement. 1 4 On November 28, 1977, Michael Provenzano and Steven Davis, both experienced in grocery management…