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National Labor Relations Board v. Book

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


decided: April 5, 1976.

NATIONAL LABOR RELATIONS BOARD, PETITIONER, CROSS-RESPONDENT, AND LOCAL 1199, DRUG AND HOSPITAL UNION, RWDSU, AFL-CIO, INTERVENOR,
v.
HENRY BOOK, WILLIAM RUSS, AND ROBERT KLEIN, D/B/A SPRAIN BROOK MANOR, RESPONDENT, CROSS-PETITIONER

Petition for enforcement, and cross-petition for review, of an order by the National Labor Relations Board. Enforcement granted; cross-petition for review denied.

Kaufman, Chief Judge, Oakes and Gurfein, Circuit Judges.

Author: Per Curiam

On this petition for enforcement and cross-petition for review, the respondent contends that the National Labor Relations Board erred in holding (two members dissenting) that Sprain Brook Manor violated §§ 8(a)(1), (2), and (3) of the National Labor Relations Act, 29 U.S.C. §§ 158(a)(1), (2), and (3), by recognizing - and entering into a collective bargaining agreement with - a union that did not represent a majority of the Manor's employees. Although Joseph Wildebush, an arbitrator selected by the union and the Manor without the consent of the employees, concluded after a "card check" that a majority of the workers had authorized the union to represent them, most of the Manor's employees later testified*fn1 to the contrary at a hearing before an Administrative Law Judge.

For the reasons expressed in the majority opinion of the National Labor Relations Board, - NLRB - (1975), we grant enforcement of the Board's order. The cross-petition for review is denied.


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