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COMMITTEE ON MASONIC HOMES, ETC. v. N.L.R.B.

No. 76-1925.

556 F.2d 214 (1977)

The COMMITTEE ON MASONIC HOMES OF the R. W. GRAND LODGE, F. &. A. M. OF PENNSYLVANIA, Appellee, v. The NATIONAL LABOR RELATIONS BOARD, Appellant, et al., and Peter W. Hirsch, Regional Director, National Labor Relations Board Region Four and John S. Irving, General Counsel, National Labor Relations Board, American Federation of Grain Millers, AFL-CIO, Intervenor.

United States Court of Appeals, Third Circuit.

Decided May 9, 1977.

Attorney(s) appearing for the Case

Martin J. Sobol, Julius M. Steiner, Stephen J. Cabot, Pechner, Dorfman, Wolffe, Rounick & Cabot, for appellee.

William Wachter, John G. Elligers, John S. Irving, John E. Higgins, Jr., Carl L. Taylor, Elliott Moore, N.L.R.B., Washington, D.C., Ira H. Weinstock, James L. Cowden, Handler, Gerber & Weinstock, Harrisburg, Pa., for intervenor-appellant.

Sipser, Weinstock, Harper, Dorn & Leibowitz, New York City for National Union of Hospital and Health Care Employees, Division of R.W.D.S.W., AFL-CIO.

Miriam L. Gafni, Markowitz & Kirschner, Philadelphia, Pa. for District 1199C National Union of Hospital and Health Care Employees, Division of R.W.D.S.U., AFL-CIO.

Before SEITZ, Chief Judge, and ALDISERT and HUNTER, Circuit Judges.

JAMES HUNTER, III, Circuit Judge:

This appeal presents an issue not previously considered by an appellate court: whether an employer can use the Freedom of Information Act, 5 U.S.C. § 552, to obtain copies of the individual union cards that were submitted to the National Labor Relations Board (NLRB) in support of a petition by the union for a representation election. The lower court found no exemption applicable, and...

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