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N. L. R. B. v. BROWN AND CONNOLLY, INC.

No. 78-1421.

593 F.2d 1373 (1979)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BROWN AND CONNOLLY, INC., Respondent.

United States Court of Appeals, First Circuit.

Decided March 23, 1979.

Attorney(s) appearing for the Case

Joseph A. Oertel, Atty., Washington, D. C., with whom John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, and John G. Elligers, Atty., Washington, D. C., were on brief, for petitioner.

Philip C. Schneider, with whom Brown, Rudnick, Freed & Gesmer, Boston, Mass., was on brief, for respondent.

Before ALDRICH and CAMPBELL, Circuit Judges, and CAFFREY, District Judge.

ALDRICH, Senior Circuit Judge.

This is an application for enforcement of an NLRB order arising out of an employer's alleged failure to abide by its oral recognition of a union in violation of sections 8(a)(1) and (5) of the Act. 29 U.S.C. §§ 158(a)(1) and (5) (1976). Before addressing the facts we recite briefly the course of the Board's position on recognition short of an election. At one time the Board ruled that an employer faced with a demand prima facie...

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