National Labor Relations Board v. Belcor, Inc.

652 F.2d 856 108 L.R.R.M. (BNA) 2244 , 92 Lab.Cas. P 12,959 NATIONAL LABOR RELATIONS BOARD, Petitioner, and Hospital and Institutional Workers Union, Local 250, Service Employees International Union, AFL-CIO, Intervenor, v. BELCOR, INC. d/b/a San Jose Care & Guidance Center, Respondent. No. 80-7369. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 14, 1981. Decided Aug. 7, 1981. Susan L. Dolin, Atty., N.L.R.B., Washington, D. C., for petitioner. David S. Durham, Littler, Mendelson, Fastiff, San Francisco, Cal., for respondent. On Application for Enforcement of an Order of the National Labor Relations Board. Before TRASK and BOOCHEVER, Circuit Judges, and CURTIS, * District Judge. BOOCHEVER, Circuit Judge: 1 The National Labor Relations Board has petitioned for enforcement of its order that Belcor, Inc. bargain with Hospital and Institutional Workers Union, Local 250, the certified collective bargaining agent. The Board's decision and order is reported at 248 N.L.R.B. 153 (1980). The principal question concerns the propriety of the conduct of a union representation election. Belcor has also raised an issue regarding the Board's failure to require…