Victoria E. Aguayo, Regional Director v. New Breed Leasing Corporation

46 F.3d 1138 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Victoria E. AGUAYO, Regional Director, Petitioner-Appellee, v. NEW BREED LEASING CORPORATION, Defendant-Appellant. No. 94-56215. United States Court of Appeals, Ninth Circuit. Submitted Dec. 5, 1994. * Decided Jan. 6, 1995. Before: FARRIS, POOLE and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 A. The district court did not abuse its discretion in granting an interim injunction against New Breed pursuant to section 10(j) of the National Labor Relations Act, 29 U.S.C. Sec. 160 (j). New Breed was not obligated to hire Maersk's employees, but if it refused to hire them because of their union affiliation, or as a device to avoid any duty to recognize and bargain with their union, it violated sections 8(a)(3) and (1) of the NLRA, 29 U.S.C. Sec. 158 (a)(3) & (1). Howard Johnson Co. v. Detroit Local Joint Exec. Bd., 417 U.S. 249 , 262 n. 8 (1974); Kallmann v. NLRB, 640 F.2d 1094, 1100 (9th Cir.1981). It is undisputed…