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N.L.R.B. v. BOOK

Nos. 716, 998, Dockets 75-4223, 75-4243.

532 F.2d 877 (1976)

NATIONAL LABOR RELATIONS BOARD, Petitioner, Cross-Respondent, and Local 1199, Drug and Hospital Union, RWDSU, AFL-CIO, Intervenor, v. Henry BOOK et al., d/b/a Sprain Brook Manor, Respondents, Cross-Petitioners.

United States Court of Appeals, Second Circuit.

Decided April 5, 1976.

Attorney(s) appearing for the Case

Paul J. Spielberg, Washington, D. C. (John S. Irving, Jr., Gen. Counsel of the N. L. R. B., Elliott Moore, Deputy Associate Gen. Counsel, James M. Hirschhorn, Atty., Washington, D. C., on the brief), for petitioner, cross-respondent.

Burton R. Horowitz, New York City, (Edward A. Halpern, Newark, N. J., on the brief), for respondent, cross-petitioner.

Sipser, Weinstock, Harper & Dorn, New York City (Richard Dorn, New York City, of counsel), submitted a brief for intervenor.

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

PER CURIAM:

On this petition for enforcement and cross-petition for review, the respondent contends that the National Labor Relations Board erred in holding (two members dissenting) that Sprain Brook Manor violated §§ 8(a)(1), (2), and (3) of the National Labor Relations Act, 29 U.S.C. §§ 158(a)(1), (2), and (3), by recognizing — and entering into a collective bargaining agreement with — a union that did not represent a majority of...

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