In Associated Shower Door, however, the Ninth Circuit enforced the decision on alternative grounds, agreeing with the Board's conclusion that the withdrawing members' subsequent conduct constituted a "retraction" of their withdrawals.
In Fairmont Foods Co. and Associated Shower Door Co., Inc., both supra, the additional circumstances were that the union negotiated separate contracts with three of the members of the multi-employer unit during the impasse.
Finding that employer could not withdraw from multi-employer association and stating that "individual employer's freedom of association must . . . be sacrificed"