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NATIONAL LABOR RELATIONS BD. v. HORN & HARDART CO.

No. 191, Docket 34714.

439 F.2d 674 (1971)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. The HORN & HARDART COMPANY, Respondent.

United States Court of Appeals, Second Circuit.

Decided February 1, 1971.

Attorney(s) appearing for the Case

Michael Barkow, Atty. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Paul J. Spielberg, Atty., on the brief), for N. L. R. B.

Robert E. Wachs, Philadelphia, Pa. (Richard S. Meyer, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., on the brief), for respondent.

Before SMITH and FEINBERG, Circuit Judges, and LEVET, District Judge.

FEINBERG, Circuit Judge:

The National Labor Relations Board asks us to enforce its order requiring respondent The Horn & Hardart Company to bargain with the Restaurant Cashiers Association as representative of the Company's cashiers. The issues before us all grow out of the Board's refusal to defer to an arbitration award which found that the cashiers were part of an overall unit already represented by another union, Cafeteria Employees Union, Local 302, AFL-CIO...

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