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N. L. R. B. v. SAINT FRANCIS COLLEGE

No. 76-2100.

562 F.2d 246 (1977)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SAINT FRANCIS COLLEGE, Respondent.

United States Court of Appeals, Third Circuit.

Decided August 22, 1977.

Attorney(s) appearing for the Case

Patrick Szymanski, John G. Burgoyne, John C. Rother, John S. Irving, John E. Higgins, Jr., Carl L. Taylor, Elliott Moore, Washington D. C., for petitioner.

Nick S. Fisfis, Patrick J. Basial, Pittsburgh, Pa., for respondent.

McNees, Wallace & Nurick, H. Lee Roussel, Norman I. White, Harrisburg, Pa., for amicus curiae Pa. Assn. of Colleges and Universities.

Charles H. Wilson, Williams, Connolly & Califano, for amicus curiae Nat. Catholic Educational Ass'n.

Before ALDISERT, ROSENN and HUNTER, Circuit Judges.

JAMES HUNTER, III, Circuit Judge:

The National Labor Relations Board [NLRB] has petitioned for enforcement of its unfair labor practice order against St. Francis College for refusal to bargain with the faculty union. Although first amendment and religious discrimination arguments have been presented, only basic principles of appropriate unit determinations are involved here. Because we find the exclusion of faculty Franciscans from the faculty bargaining unit to be...

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