N.L.R.B. v. ADVANCED STRETCHFORMING INTERN., INC.

No. 97-71047.

208 F.3d 801 (2000)

NATIONAL LABOR RELATIONS BOARD, Petitioner, and International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), Amalgamated Local Union No. 509, AFL-CIO, Petitioner-Intervenor, v. ADVANCED STRETCHFORMING INTERNATIONAL, INC., Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 4, 2000.


Attorney(s) appearing for the Case

Sharon I. Block, National Labor Relations Board, Washington, D.C., for the petitioner.

Henry M. Willis, Schwartz, Steinsapir, Dohrmann & Sommers, Los Angeles, California, for the petitioner-intervenor.

Larry Walraven, O'Melveny & Myers, Newport Beach, California, for the respondent.

Before: BOOCHEVER, O'SCANNLAIN and TASHIMA, Circuit Judges.


Opinion by Judge BOOCHEVER; Dissent by Judge O'SCANNLAIN.

BOOCHEVER, Circuit Judge:

We decide whether a successor employer has a duty to bargain with an incumbent union before unilaterally imposing terms when the employer hires its initial workforce from the ranks of a represented bargaining unit of its predecessor.

I

Advanced Stretchforming International, Inc., ("ASI") manufactures structural body components used in the aerospace industry...

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