Stone Boat Yard v. National Labor Relations Board

715 F.2d 441 114 L.R.R.M. (BNA) 2407 , 98 Lab.Cas. P 10,457 , 4 Employee Benefits Cas. 2430 STONE BOAT YARD, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, and United Brotherhood of Carpenters and Joiners of America, AFL-CIO, Respondent, Carpenters Local Union No. 1149, Intervenor. Nos. 82-7594, 82-7752. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 15, 1983. Decided Sept. 6, 1983. Herbert S. Matthews, South San Francisco, Cal., for petitioner. Joseph Oertel, Washington, D.C., for respondent. David A. Rosenfeld, San Fancisco, Cal., for intervenor. Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board. Before MERRILL, TANG, and NELSON, Circuit Judges. TANG, Circuit Judge: 1 Stone Boat Yard (Stone) petitions this court for review of a decision and order issued by the National Labor Relations Board (Board). The Board found that Stone had engaged in an unfair labor practice by unilaterally ceasing to make payments to the union's health, welfare, and pension plans in violation of sections 8(a)(1) and (5) of the National Labor Relations Act (Act), 29 U.S.C. § 158 (a)(1), (5). 264 N.L.R.B. 130 (1982).…