Rayner v. National Labor Relations Board

665 F.2d 970 109 L.R.R.M. (BNA) 2564 , 92 Lab.Cas. P 13,196 Gordon L. RAYNER and Frank H. Clark, d/b/a Bay Area Sealers and Bay Area Sealers, Inc., Petitioners and Cross-Respondents, v. NATIONAL LABOR RELATIONS BOARD, Respondent and Cross-Petitioner, and Auto, Marine and Specialty Painters Union, Local No. 1176, Intervenor. Nos. 80-7486, 80-7612. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 16, 1981. Decided Jan. 15, 1982. Maureen E. McClain, Littler, Mendelson, Fastiff & Tichy San Francisco, Cal., argued for petitioners and cross-respondents; David A. Rosenfeld, Van Bourg, Allen, Weinberg & Roger, San Francisco, Cal., on brief. Victoria Higman, Washington, D. C., argued for respondent and cross-petitioner; Howard E. Perlstein, Washington, D. C., on brief. Petition for Review and Cross Application for Enforcement of an Order of the National Labor Relations Board. Before ANDERSON, NELSON and NORRIS, Circuit Judges. J. BLAINE ANDERSON, Circuit Judge: 1 Gordon Rayner and Frank Clark, business partners doing business as Bay Area Sealers (the Company), petition for review of a decision and order of the National Labor Relations Board (the Board), 251…