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NIAGARA UNIVERSITY v. N. L. R. B.

Nos. 1046, 1047, Dockets 76-4268 and 77-4027.

558 F.2d 1116 (1977)

NIAGARA UNIVERSITY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Second Circuit.

Decided July 21, 1977.

Attorney(s) appearing for the Case

Herbert D. Schwartzman, Jamaica, N. Y. (Flaherty, Cohen, Grande & Randazzo, Buffalo, N. Y., Joseph L. Randazzo, Buffalo, N. Y., on the brief), for petitioner.

Patrick J. Szymanski, Atty., N. L. R. B., Washington, D. C. (John S. Irving, Gen. Counsel, John D. Burgoyne, Asst. Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Washington, D. C.), for respondent.

Before MOORE, SMITH and MULLIGAN, Circuit Judges.

MULLIGAN, Circuit Judge:

This is a petition by the employer Niagara University (Niagara) to review and set aside a decision and order of the National Labor Relations Board (the Board) issued on November 17, 1976, reported at 226 N.L.R.B. No. 154. The Board has made a cross-petition for the enforcement of its order. The petition is granted and the cross-petition is denied.

I

Niagara is a Roman Catholic institution of higher learning located in Niagara...

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