National Labor Relations Board v. Jack E. Hartman, a Sole Proprietorship, D/B/A Dependable Tile Company, Tile Layers Local Union No. 19 of the Bricklayers and Allied Craftsmen of America, Afl-Cio v. National Labor Relations Board

774 F.2d 1376 120 L.R.R.M. (BNA) 2992 , 103 Lab.Cas. P 11,627 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. Jack E. HARTMAN, a Sole Proprietorship, d/b/a Dependable Tile Company, Respondent. TILE LAYERS LOCAL UNION NO. 19 OF the BRICKLAYERS AND ALLIED CRAFTSMEN OF AMERICA, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Nos. 84-7486, 84-7786. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 14, 1985. Decided Oct. 24, 1985. McCarthy, Johnson & Miller, John J. Davis, San Francisco, Cal., Kenneth Hipp, N.L.R.B., Washington, D.C., for petitioner. Thierman, Simpson & Cook, Mark R. Thierman, Ronald W. Brown, Sacramento, Cal., for respondent. Application for Enforcement and Petition for Review of an Order of the National Labor Relations Board. Before CHOY, TANG and FLETCHER, Circuit Judges. FLETCHER, Circuit Judge: 1 In this consolidated appeal, the National Labor Relations Board ("NLRB" or "Board") petitions for enforcement of its order finding that the Dependable Tile Company ("Dependable") committed an unfair labor practice in refusing to comply with a collective bargaining agreement negotiated by a multi-employer bargaining unit.…