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TRUSTEES OF BOSTON UNIVERSITY v. N. L. R. B.

Nos. 77-1143, 77-1365 and 77-1226.

575 F.2d 301 (1978)

TRUSTEES OF BOSTON UNIVERSITY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Boston University Chapter, American Association of University Professors, Intervenor. BOSTON UNIVERSITY CHAPTER, AMERICAN ASSOICATION OF UNIVERSITY PROFESSORS, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Trustees of Boston University, Intervenor. TRUSTEES OF BOSTON UNIVERSITY, Plaintiff-Appellant, v. NATIONAL LABOR RELATIONS BOARD, Defendant-Appellee.

United States Court of Appeals, First Circuit.

April 13, 1978.

Attorney(s) appearing for the Case

Alan S. Miller, Boston, Mass., (argued), with whom Stoneman, Chandler & Miller, Boston, Mass., were on brief, for Trustees of Boston University, petitioner in 77-1143.

Woodley B. Osborne, Washington, D. C., with whom David M. Rabban, Washington, D. C., and Matthew Finkin, Dallas, Tex., were on brief, for Boston University Chapter, American Association of University Professors, petitioner in 77-1365.

Patrick J. Szymanski, Washington, D. C., with whom John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Aileen A. Armstrong, Asst. Gen. Counsel for Sp. Litigation, Robert G. Sewell, and Linda Dreeben, Washington, D. C., were on briefs, for N. L. R. B., in all cases.

Richard W. Gleeson, Boston, Mass., (argued), with whom Stoneman, Chandler & Miller were on brief, for Trustees of Boston University, in 77-1226.

Before COFFIN, Chief Judge, and CAMPBELL and BOWNES, Circuit Judges.

BOWNES, Circuit Judge.

The three cases before us all present issues which developed during the union organizational campaign and subsequent National Labor Relations Board certification election and as a result of Boston University's objections to the election and consequent failure to bargain with the Union. The union involved is the American Association of University Professors (AAUP) and its Boston University chapter. The issues are:

1. Whether the Board...

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