Ivaldi

Ivaldi v. National Labor Relations Board

Good Law
48 F.3d 444
United States Court of Appeals for the Ninth CircuitFebruary 23, 1995Nos. 93-70608 and 93-70691California4,345 words

Opinion

Lead Opinion

Boochever, J.

Frank Ivaldi, et al., d/b/a Sunol Valley Golf Club and Recreation Co. (“Sunol”), petitions for review of a final order of the National Labor Relations Board (“the Board”). The Board affirmed the administrative law judge’s decision that Sunol violated the National Labor Relations Act by (1) withdrawing recognition from the Hotel Employees and Restaurant Employees and Bartenders Union, Local 50 (“the Union”), (2) refusing to execute a written collective bargaining agreement after the Union accepted Sunol’s prior offer, and (3) requiring striking employees to complete an application and submit to an interview before being reinstated to their employment positions. The Board cross-petitions for enforcement of its order requiring Sunol to execute a written collective bargaining agreement and to offer the striking employees immediate and full reinstatement. Because the Board’s decision is supported by substantial evidence, we grant enforcement of its order.

FACTUAL AND PROCEDURAL BACKGROUND

Sunol operates a 36-hole golf course and clubhouse. The Union represents fifteen of Sunol’s employees who are food and beverage workers in Sunol’s cafe and banquet business. Sunol has recognized the…

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