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N. L. R. B. v. STAUB CLEANERS, INC.

No. 45, Docket 33277.

418 F.2d 1086 (1969)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. STAUB CLEANERS, INC., and Ben Barnet Cleaners, Inc., Respondents.

United States Court of Appeals Second Circuit.

Decided November 4, 1969.

Concurring Opinion November 12, 1969.

Attorney(s) appearing for the Case

Robert A. Giannasi, Washington, D. C. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Robert A. Giannasi, Washington, D. C., Madge F. Jefferson, Alexandria, Va., on the brief), for petitioner.

Carl R. Krause, Rochester, N. Y. (Carl R. Krause, Rochester, N. Y., Richard N. Chapman, Harris, Beach & Wilcox, Rochester, N. Y., on the brief), for respondents.

Before LUMBARD, Chief Judge, and FRIENDLY and KAUFMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge.

Most issues on this review turn on whether the NLRB's determination that an election rumor was "neutralized" be fore the election took place, is supported by substantial evidence. If the rumor was not neutralized, then the Board's finding of unfair labor practices and its subsequent bargaining order must fail.

In 1963, Staub Cleaners, Inc., and Ben Barnet Cleaners, Inc. (the Company) refused to bargain with Local 39, Laundry...

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