National Labor Relations Board v. Nevis Industries, Inc.

647 F.2d 905 107 L.R.R.M. (BNA) 2890 , 91 Lab.Cas. P 12,802 NATIONAL LABOR RELATIONS BOARD, Petitioner, and Stationary Engineers, Local 39, International Union of Operating Engineers, Intervenor, v. NEVIS INDUSTRIES, INC., d/b/a Fresno Townehouse, Respondent. No. 80-7131. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 9, 1980. Decided June 8, 1981. Christine Weiner Peterson, Atty., Washington, D. C., for petitioner. John C. Cook, Voltz, Cook & Orenstein, San Francisco, Cal., for respondent. On Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board. Before SKOPIL and FARRIS, Circuit Judges, and BELLONI, * District Judge. SKOPIL, Circuit Judge: INTRODUCTION 1 Nevis Industries, Inc. ("Nevis") petitions for review of a decision of the National Labor Relations Board ("the Board"), 246 NLRB No. 167 , 103 LRRM 1035 (1979). The Board cross-applies for enforcement of its order. FACTS 2 In April 1977 Nevis acquired the Fresno Townehouse hotel. Prior to the acquisition, the Townehouse's engineering employees were represented by Stationary Engineers, Local 39, ("Local 39"). The other service employees were…