GAF CORPORATION v. N. L. R. B.

Nos. 49, 50, Dockets 72-1682, 72-1838.

488 F.2d 306 (1973)

GAF CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Second Circuit.

Decided December 4, 1973.


Attorney(s) appearing for the Case

Roger S. Kaplan, New York City (Jackson, Lewis, Schnitzler & Krupman, Allan Sloan, Labor Counsel, GAF Corp., New York City, on the brief), for petitioner.

John D. Burgoyne, Atty., Washington, D. C. (Peter G. Nash, Gen. Counsel, John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Elliott Moore, Deputy Asst. Gen. Counsel, H. J. Engel, Atty., Washington, D. C., on the brief), for respondent.

Before SMITH, FEINBERG and OAKES, Circuit Judges.


FEINBERG, Circuit Judge:

GAF Corporation (the Company) petitions to review and set aside, and the National Labor Relations Board cross-applies to enforce, an order of the Board which found that the Company cancelled a wage increase during a union organizational campaign and thereby violated sections 8(a) (1) and (3) of the National Labor Relations Act, 29 U.S.C. §§ 158(a) (1) and (3).1

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