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N.L.R.B. v. OAKES MACH. CORP.

Nos. 68, 69, Dockets 89-4052, 89-4604.

897 F.2d 84 (1990)

NATIONAL LABOR RELATIONS BOARD, Petitioner-Cross-Respondent, v. OAKES MACHINE CORPORATION, a Subsidiary of Katy Industries, Incorporated, Respondent, James Zuber, Respondent-Cross-Petitioner, Kenneth Kress and Louis Russo, Intervenors.

United States Court of Appeals, Second Circuit.

Decided February 26, 1990.

Attorney(s) appearing for the Case

David A. Fleischer, Atty., N.L.R.B., Washington, D.C. (Joseph E. Desio, Acting Gen. Counsel, Paul J. Spielberg, Deputy Asst. 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 petitioner N.L.R.B.

Bertrand B. Pogrebin, Mineola, N.Y. (Rains & Pogrebin, Richard G. Kass, of counsel), for respondent Oakes Machine Corp.

Amy Gladstein, New York City (Gladstein, Reif & Meginniss, of counsel), for respondent-cross-petitioner James Zuber and intervenors Kenneth Kress and Louis Russo.

Before NEWMAN, PRATT, and MAHONEY, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

Nearly eleven years ago, in March 1979, respondent Oakes Machine Corporation (Oakes Machine or the company), fired three of its employees — Louis Russo, James Zuber, and Kenneth Kress. This petition to enforce and cross-petition to review the long-delayed board actions on the discharge complaints present one issue with respect to each employee: (1) whether the National Labor Relations Board (NLRB or board) properly regarded as...

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