Hotel, Motel And Restaurant Employees And Bartenders Union Local No. 19 v. National Labor Relations Board

785 F.2d 796 121 L.R.R.M. (BNA) 3305 , 104 Lab.Cas. P 11,830 HOTEL, MOTEL AND RESTAURANT EMPLOYEES AND BARTENDERS UNION LOCAL NO. 19, Hotel and Restaurant Employees and Bartenders International Union, AFL-CIO, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Burger Pits, Inc., and Self Serv Food Corp., Inc., Intervenor-Respondent. No. 85-7106. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 13, 1985. Decided March 25, 1986. David Rosenfeld, William A. Sokol, Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, Cal., for petitioners. William Stewart, N.L.R.B., Washington, D.C., for respondent. Susan Ardissan, M. Armon Cooper, Lukens, St. Peter & Cooper, San Francisco, Cal., for intervenor-respondent, Burger Pits, Inc. Appeal from the National Labor Relations Board. Before SNEED, KENNEDY and BOOCHEVER, Circuit Judges. BOOCHEVER, Circuit Judge. 1 We review the NLRB decision that Burger Pits, Inc., did not violate sections 8(a)(1) and 8(a)(5) of the National Labor Relations Act, 29 U.S.C. Secs. 158 (a)(1) and 158(a)(5) (1982), by withdrawing recognition from and refusing to bargain with the Hotel, Motel, Restaurant Employees and Bartenders…