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RETIRED PERSONS PHARMACY v. N.L.R.B.

Nos. 567, 914, Dockets 74-1651, 74-1870.

519 F.2d 486 (1975)

RETIRED PERSONS PHARMACY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Second Circuit.

Decided July 2, 1975.

Attorney(s) appearing for the Case

Roger S. Kaplan, New York City (Jackson, Lewis, Schnitzler & Krupman, New York City, on the brief, Robert Lewis, of counsel), for petitioner.

Robert G. Sewell, N.L.R.B., Washington, D.C. (Peter G. Nash, Gen. Counsel, John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Michael W. Josserand, Atty., on the brief), for respondent.

Thomas Canafax, Jr., Chicago, Ill. (Gerard C. Smetana, Chicago, Ill., Milton Smith, Gen. Counsel, Richard Berman, Labor Relations Counsel, Washington, D.C., on the brief), for the Chamber of Commerce of the United States, amicus curiae.

Before HAYS, GURFEIN and VAN GRAAFEILAND, Circuit Judges.

HAYS, Circuit Judge:

Retired Persons Pharmacy petitions this court to set aside a determination of the National Labor Relations Board holding it in violation of sections 8(a)(1) and 8(a)(5) of the Labor Management Relations Act, 29 U.S.C. § 158(a)(1), (5) (1970). The Board cross-applies for enforcement of its order. We enforce the Board's order.

I.

Petitioner is a corporation engaged in the sale and distribution of drugs to members of the National...

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