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N.L.R.B. v. ST. LUKE'S HOSPITAL CENTER

No. 142, Docket 76-4088.

551 F.2d 476 (1976)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ST. LUKE'S HOSPITAL CENTER and District 1199, National Union of Hospital and Health Care Employees, a Division of RWDSU, AFL-CIO, Respondents.

United States Court of Appeals, Second Circuit.

Decided December 29, 1976.

Attorney(s) appearing for the Case

Michael S. Winer, Washington, D. C. (John S. Irving, Jr., Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, William M. Bernstein, Washington, D. C.), for petitioner.

Richard Dorn, New York City (Sipser, Weinstock, Harper, Dorn & Leibowitz, New York City, of counsel), for respondent Dist. 1199, National Union of Hospital and Health Care Employees, RWDSU, AFL-CIO.

James S. Frank, New York City, submitted an affidavit for respondent St. Luke's Hospital Center.

Before KAUFMAN, Chief Judge, and FRIENDLY and OAKES, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

"Nobody," Learned Hand has reminded us, "is so gifted with foresight that he can divine all possible human events in advance and prescribe the proper rule for each."1 The judge who must interpret the often Delphic words chosen by Congress to effectuate its will can do no more than "try to find out what the government . . . would have done, if the case before him had been before [it]."2...

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