J. J. NEWBERRY CO. v. N. L. R. B.

Nos. 495, 1378, Dockets 80-4157, 80-4205.

645 F.2d 148 (1981)

J. J. NEWBERRY CO., A Wholly Owned Subsidiary of McCrory Corporation, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Second Circuit.

Decided March 31, 1981.

As Amended May 21, 1981.


Attorney(s) appearing for the Case

Jerrold J. Wohlgemuth, Atty., N. L. R. B., Washington, D. C. (William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Howard E. Perlstein, Atty., N. L. R. B., Washington, D. C., of counsel), for respondent.

Max Wild, New York City (Michael S. Rabin, Rubin, Baum, Levin, Constant & Friedman, New York City, of counsel), for petitioner.

Before MOORE, MANSFIELD and MULLIGAN, Circuit Judges.


MANSFIELD, Circuit Judge:

J.J. Newberry Company ("the employer") proceeding under § 10(f) of the National Labor Relations Act as amended, 29 U.S.C. §§ 151 et seq. ("the Act"), has petitioned for review of a decision and order of the National Labor Relations Board. The Board in turn has filed a cross-application for enforcement of its order under § 10(e) of the Act. The Board's decision and order...

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