Aguayo

Aguayo v. S & F Market Street Healthcare LLC

Good Law
205 F. App'x 632
United States Court of Appeals for the Ninth CircuitDecember 1, 2006No. 06-55721California453 words

Opinion

Lead Opinion

MEMORANDUM **

S & F Market Street Healthcare, LLC, d/b/a Windsor Convalescent Center of North Long Beach, (hereafter Windsor) appeals the district court’s grant of a preliminary injunction ordering it to bargain in good faith with the Service Employees International Union, Local 434B (the Union). We affirm.

Our review of the record satisfies us that the district court properly determined that it was likely that the National Labor Relations Board would prevail on the merits, that Windsor would have to bargain with the Union, 1 and that there would be irreparable harm to the Union, the employees, and the public interest if Windsor were not ordered to do so forthwith. See Miller v. Cal. Pac. Med. Ctr., 19 F.3d 449 , 460 (9th Cir.1994) (en banc). In fact, were the hardships balanced, it is apparent that if relief against Windsor’s unfair labor practices were not granted, the hardship to the Union and the employees would far exceed any hardship Wind *634 sor might suffer from the requirement that it bargain in good faith. See Scott v. Stephen Dunn & Assocs., 241 F.3d 652 , 669-70 (9th Cir.2001).

We note that this is not a case where injunctive relief is extraordinary or disfavored.…

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