National Labor Relations Board v. Marin Operating, Inc., D/B/A the Clarion Hotel-Marin Colorado Marin Associates, a Joint Venture, Marin Operating, Inc., D/B/A the Clarion Hotel-Marin Colorado Marin Associates, a Joint Venture v. National Labor Relations Board

822 F.2d 890 126 L.R.R.M. (BNA) 2078 , 107 Lab.Cas. P 10,073 NATIONAL LABOR RELATIONS BOARD, Petitioner, v. MARIN OPERATING, INC., d/b/a The Clarion Hotel-Marin; Colorado Marin Associates, A Joint Venture, Respondents. MARIN OPERATING, INC., d/b/a The Clarion Hotel-Marin; Colorado Marin Associates, A Joint Venture, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NLRB Nos. 20-CA-19106, 20-CA-19119. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 14, 1987. Decided July 21, 1987. Joseph A. Oertel, Washington, D.C., for petitioner-cross-respondent. Gerald Tockman, St. Louis, Mo., for respondents-cross-petitioners. Application for Enforcement of an Order of the National Labor Relations Board. Before WALLACE, KENNEDY and WIGGINS, Circuit Judges. WALLACE, Circuit Judge: 1 The National Labor Relations Board (Board) applies for enforcement of its order requiring Marin Operating, Inc. and Colorado Marin Associates (Marin) to recognize and bargain with two unions, and Marin cross-petitions for review of the order. The principal issue is whether a successor employer may refuse to bargain with an incumbent union on the ground that the bargaining unit is…