TELEPROMPTER CORP. v. N. L. R. B.

No. 77-1054.

570 F.2d 4 (1977)

TELEPROMPTER CORPORATION et al., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, First Circuit.

Decided December 28, 1977.


Attorney(s) appearing for the Case

Raymond G. McGuire, Portland, Me., with whom Walter E. Corey, III, and Curtis, Thaxter, Corey, Lipez & Stevens, Portland, Me., were on brief, for petitioners.

W. Christian Schumann, Atty., Washington, D. C., with whom Allison W. Brown, Jr., Deputy Asst. Gen. Counsel, John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Madge F. Jefferson, Atty., Washington, D. C., were on brief, for respondent.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, DOOLING, District Judge.


LEVIN H. CAMPBELL, Circuit Judge.

At issue is the extent of an employer's duty to furnish profitability data to a union.

An employer is ordinarily empowered to keep from its employees data concerning the profitability of its business, but it may lose that right if it chooses to counter union demands by claiming economic incapacity. NLRB v. Truitt Mfg. Co., 351 U.S. 149, 76 S.Ct...

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