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EAST BAY CHEVROLET v. N.L.R.B.

Nos. 79-7267, 79-7312.

659 F.2d 1006 (1981)

EAST BAY CHEVROLET dba Time Chevrolet, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. East Bay Automotive Council, Intervenor. EAST BAY AUTOMOTIVE COUNCIL, Cross-Petitioner, v. NATIONAL LABOR RELATIONS BOARD and East Bay Chevrolet dba Time Chevrolet, Cross-Respondents.

United States Court of Appeals, Ninth Circuit.

Decided October 22, 1981.

Rehearing Denied November 30, 1981.

Attorney(s) appearing for the Case

Mark S. Ross, Littler, Mendelson, Fastiff & Tichy, San Francisco, Cal., for East Bay Chevrolet.

David Rosenfield, Van Bourg, Allen, Weinberg & Roger, San Francisco, Cal., for East Bay Automotive.

Edward S. Dorsey, Washington, D. C., Mark S. Ross, San Francisco, Cal. (argued), for N. L. R. B.; Elliott Moore, Washington, D. C., on brief.

Before ANDERSON, NELSON, and NORRIS, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

East Bay Chevrolet, the Employer, seeks review of an order of the National Labor Relations Board (the Board) which requires that any agreement reached between the Employer and the East Bay Automobile Council (the Council) shall be retroactive to July 26, 1977. The Council, on the other hand, petitions for review of the Board's order denying it costs and attorney fees. The Board has applied for the enforcement of its orders.

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