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N. L. R. B. v. BIG BEN DEPARTMENT STORES, INC.

Nos. 383 and 384, Dockets 31640, 31641.

396 F.2d 78 (1968)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BIG BEN DEPARTMENT STORES, INC., Respondent.

United States Court of Appeals Second Circuit.

Decided May 22, 1968.

Attorney(s) appearing for the Case

J. Richard Thesing, Washington, D. C. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, Lawrence M. Joseph, Washington, D. C.), for petitioner.

Martin H. Scher, Mineola, N. Y., of counsel (Harry H. Rains, Mineola, N. Y.), for respondent.

Before MOORE, WOODBURY and SMITH, Circuit Judges.

WOODBURY (Senior Circuit Judge):

The respondent operates a department store in Poughkeepsie, New York.1 It operates some of its departments itself. Other departments, including the shoe department, are operated by lessees. The trial examiner for the Board found, and it is admitted, that Big Ben and each operator of a leased department are joint employers of the employees in the leased departments and that Big Ben and all operators of leased...

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