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N.L.R.B. v. COMMUNICATIONS WKRS. OF AMER., AFL-CIO, LOC. 1170

No. 69, Docket 72-1298.

474 F.2d 778 (1972)

NATIONAL LABOR RELATIONS BOARD, Petitioner, and Rochester Telephone Corporation, Intervenor, v. COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, LOCAL 1170, Respondent.

United States Court of Appeals, Second Circuit.

Decided December 21, 1972.

Attorney(s) appearing for the Case

Joseph C. Thackery, Atty., NLRB, Washington, D. C. (Peter G. Nash, Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Robert A. Giannasi, Atty., NLRB, Washington, D. C., on brief), for petitioner.

Eugene D. Ulterino, Rochester, N. Y. (Nixon, Hargrave, Devans & Doyle, Rochester, N. Y., on brief), for intervenor.

Richard Lipsitz, Buffalo, N. Y. (Lawrence A. Schulz and Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N. Y., on brief), for respondent.

Before MANSFIELD, OAKES and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

The petition to enforce an order of the National Labor Relations Board, 194 N.L.R.B. No. 144 (1972), in this somewhat off the beaten path labor case, presents essentially two issues:

(1) Whether there was substantial evidence to support the Board's conclusion that the Union1 violated Section 8(b)(3) of the Act2 by its adoption of an...

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