December 30, 1976
NATIONAL LABOR RELATIONS BOARD, PETITIONER
NATIONAL UNION OF HOSPITAL & HEALTH CARE EMPLOYEES, DISTRICT 1199, DIV. OF RWDSU, AFL-CIO, RESPONDENT.
MANSFIELD, C.J.: This cause came on to be heard upon the application of the National Labor Relations Board for enforcement of its order issued against the Respondent, District 1199, National Union of Hospital & Health Care Employees, A Division of RWDSU, AFL-CIO, New York, New York, its officers, agents, and representatives on January 14, 1976. The Court heard argument on November 23, 1976, and at the conclusion of oral argument in open Court handed down its decision denying enforcement of the Board's order, on the ground that the violation of the Act found by the Board was de minimis.
On consideration whereof, it is hereby ordered and adjudged by the United States Court of Appeals for the Second Circuit that enforcement of the said order of the National Labor Relations Board directed against District 1199, National Union of Hospital & Health Care Employees, A Division of RWDSU, AFL-CIO, New York, New York, its officers, agents, and representatives be and it hereby is denied.
It is further Ordered that costs shall be taxed against the Petitioner.
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