INTERNATIONAL TELEPHONE AND TELEGRAPH CORP. v. N. L. R. B.

No. 16012.

382 F.2d 366 (1967)

INTERNATIONAL TELEPHONE AND TELEGRAPH CORPORATION, a Maryland Corporation, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Local 400, International Union of Electrical, Radio & Machine Workers of America, AFL-CIO, Intervenor, Professional Employees of I.T.T. Federal Laboratories, a Division of International Telephone and Telegraph Corporation, Intervenor.

United States Court of Appeals Third Circuit.

Decided July 31, 1967.

Rehearing Denied September 25, 1967.


Attorney(s) appearing for the Case

Thomas L. Morrissey, Newark, N. J. (Carpenter, Bennett & Morrissey, Newark, N. J., Thomas E. Walsh, Jr., Newark, N. J., Seyfarth, Shaw, Fairweather & Geraldson, Chicago, Ill., on the brief), for petitioner.

Solomon I. Hirsh, N. L. R. B., Washington, D. C. (Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, Marion Griffin, Atty., N. L. R. B., on the brief), for respondent.

Vincent J. Apruzzese, Newark, N. J., for intervenor-Professional Empls.

Sidney Reitman, Newark, N. J. (Kapelsohn, Lerner, Leuchter & Reitman, Newark, N. J., on the brief), for intervenor Local 400.

Before HASTIE and SEITZ, Circuit Judges, and BODY, District Judge.


OPINION OF THE COURT

HASTIE, Circuit Judge.

This case is here on a petition by International Telephone and Telegraph Corporation to review, and a cross-petition by the National Labor Relations Board to enforce, a decision and order of the Board. 159 N.L.R.B. No. 145. The Board found that the petitioner had committed unfair labor practices within section 8(a) (5) and (1) of the National Labor Relations Act,1 (1) by withdrawing...

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