PROXY COMMUNICATIONS OF MANHATTAN, INC. v. N.L.R.B.

Nos. 805, 892, Dockets 88-4140, 88-4146.

873 F.2d 552 (1989)

PROXY COMMUNICATIONS OF MANHATTAN, INC., Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner, United Telephone Answering and Communications Service Union, Local 780, RWDSU, AFL-CIO, Intervenor.

United States Court of Appeals, Second Circuit.

Decided April 14, 1989.


Attorney(s) appearing for the Case

Yosef J. Riemer, Kirkland & Ellis, Washington, D.C. (John S. Irving, Amy J. Berenson, Washington, D.C., and James K. Leader, New York City, of counsel), for petitioner/cross-respondent.

Robert F. Mace, Atty., N.L.R.B., Washington, D.C. (Collis Suzanne Stocking, Supervisory Atty., Rosemary M. Collyer, Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., of counsel), for respondent/cross-petitioner.

Jon Quint, Markewich Friedman & Markewich, New York City, for intervenor.

Before OAKES, Chief Judge, NEWMAN, Circuit Judge, and LEVAL, District Judge.


PER CURIAM:

We are asked to enforce an order of the National Labor Relations Board ("NLRB") that arose from an employer's claim that a majority of its employees no longer supports the union. A fuller account of the facts may be found in Proxy Communications of Manhattan, Inc., 290 N.L.R.B. No. 68 (1988).

In approximately 1957, Federated Answering Service ("Federated") voluntarily recognized the United Telephone Answering and Communications Service Union...

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