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OFFICE AND PROFESSIONAL EMP. INT. U., LOC. 153 v. MILLER

No. 72 Civ. 4314.

357 F.Supp. 220 (1973)

OFFICE AND PROFESSIONAL EMPLOYEES INTERNATIONAL UNION, LOCAL 153, AFL-CIO, Plaintiff, v. Edward B. MILLER et al., Defendants.

United States District Court, S. D. New York.

April 19, 1973.

Attorney(s) appearing for the Case

Doran, Colleran, O'Hara, Pollio & Dunne, P. C., New York City, for plaintiff; Thomas J. Lilly, New York City, of counsel.

Glen M. Bendixsen, Chief of Special Litigation, N. L. R. B., Washington, D. C., Finley, Kumble, Underberg, Persky, Roth & Grutman, Leon Finley, Gen. Counsel, New York City, for defendants.

Levin, Rosmarin & Schwartz, Noel Arnold Levin, Sp. Counsel, New York City, for intervenor.

LASKER, District Judge.

Local 153 of the Office and Professional Employees International Union, AFL-CIO ("the Union"), asks us to review a decision of the National Labor Relations Board ("the Board") dismissing the Union's petition for certification pursuant to section 9(c) of the National Labor Relations Act, 29 U.S.C. § 159(c). The Board's refusal to act was grounded on a determination by it that assertion of jurisdiction would be inappropriate, because the...

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