A. Dariano & Sons, Inc., a California Corporation v. District Council of Painters No. 33, and Northern California Painters Administrative Fund, Inc.

The question arising here is whether a determination by the Regional Director of the National Labor Relations Board (“NLRB” or “the Board”) that A. Dariano & Sons, Inc. (“A. Dariano”) and Dariano Brothers, Inc. (“Dariano Brothers”) were not common, single or joint employers, precluded an arbitrator in a subsequent proceeding from concluding that Dariano Brothers was the alter ego of A. Dariano for the purpose of employee representation. In Carpenters Local Union No. 1478 v. Stevens, 743 F.2d 1271 (9th Cir.1984), ce rt. denied, 471 U.S. 1015 , 105 S.Ct. 2018 , 85 L.Ed.2d 300 (1985) we held that when a Regional Director had determined that two employer entities were neither alter egos nor single employers, the supremacy doctrine precluded a subsequent arbitration proceeding from holding to the contrary. Id. at 1278-79 (citing Carey v. Westinghouse Elec. Corp., 375 U.S. 261, 272 , 84 S.Ct. 401, 409 , 11 L.Ed.2d 320 (1964)). In this case we must decide whether the teaching and holding of Stevens apply where the Regional Director decided in favor of the employer on only the single or joint employer doctrine and in ipsis verbis did not address the alter ego doctrine. We hold that, under…