N. L. R. B. v. YESHIVA UNIVERSITY

No. 852, Docket 77-4182.

582 F.2d 686 (1978)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. YESHIVA UNIVERSITY, Respondent, and Yeshiva University Faculty Association, Intervenor.

United States Court of Appeals, Second Circuit.

Decided July 31, 1978.


Attorney(s) appearing for the Case

Howard E. Perlstein, Washington, D. C. (John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D. C.), for petitioner.

Saul G. Kramer, New York City (Proskauer, Rose, Goetz & Mendelsohn, New York City, Peter G. Samuels, Gerald A. Bodner, New York City, Labor Counsel to respondent), for respondent.

Ronald H. Shechtman, New York City (Gordon & Shechtman, Murray A. Gordon, New York City, of counsel), for intervenor.

Matthew W. Finkin, Duke University, Durham, N. C., David E. Feller, University of California, Berkeley, Cal., of counsel, for amicus curiae American Association of University Professors.

Richard Semeraro, New York City, for New York University; Jerome Medalie, Boston, Mass. (Widett, Widett, Slater & Goldman, Boston, Mass.), for Northeastern University; Ronald DeMaria, Newark, N. J. (Lum, Biunno & Tompkins, Newark, N. J.), for Fairleigh Dickinson University; Alan Miller, Boston, Mass. (Stoneman, Chandler & Miller, Boston, Mass.), for Boston University; Nicholas DiGiovanni, Jr., Boston, Mass. (Morgan, Brown, Kearns & Joy, Boston, Mass.), for University of Vermont; Daniel Riesel, New York City (Winer, Neuburger & Sive, New York City), of counsel, for amici curiae.

Lawrence A. Poltrock, Chicago, Ill., Michael Radzilowsky, Chicago, Ill., of counsel, for American Federation of Teachers, AFL-CIO, amicus curiae.

Before LUMBARD, MULLIGAN and TIMBERS, Circuit Judges.


MULLIGAN, Circuit Judge:

The National Labor Relations Board (the Board) has applied for enforcement of its order of August 24, 1977, reported at 231 NLRB No. 98, requiring respondent Yeshiva University (Yeshiva) to recognize the Yeshiva University Faculty Association (the Union) as the exclusive bargaining agent of a unit of Yeshiva's full-time faculty members. The petition for enforcement of the Board's order is denied.

I

On October 30, 1974 the...

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