Merchants Transportation of California, Inc., Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-Petitioner. General Teamsters, Auto Truck Drivers, Car Haulers and Heloers, Local No. 70, Respondent-Cross-Petitioner-Intervenor

89 F.3d 845 158 L.R.R.M. (BNA) 2256 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. MERCHANTS TRANSPORTATION OF CALIFORNIA, INC., Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner. General Teamsters, Auto Truck Drivers, Car Haulers and Heloers, Local No. 70, Respondent-Cross-Petitioner-Intervenor. Nos. 94-70488, 94-70905. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 4, 1995. Decided June 24, 1996. 1 Before: WALLACE, Chief Judge, THOMPSON, Circuit Judge, and THOMPSON, District Judge * 2 MEMORANDUM ** 3 Petitioner and Cross-Respondent, Merchants Transportation of California, Inc. ("Merchants"), petitioned for review of Respondent and Cross-Petitioner's, the National Labor Relations Board ("Board"), Decision and Order ("Order") directing Merchants to cease and desist from conduct that violated sections 8(a)(1) and (5) of the National Labor Relations Act ("NLRA"), 29 U.S.C. §§ 158 (a)(1) and (5).…