MONTEFIORE HOSPITAL & MEDICAL CTR. v. N. L. R. B.

Nos. 560, 790, Dockets 79-4156, 79-4184.

621 F.2d 510 (1980)

MONTEFIORE HOSPITAL AND MEDICAL CENTER, Employer-Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Marji Gold and Michael Fisher, Employees-Intervenors.

United States Court of Appeals, Second Circuit.

Decided April 28, 1980.


Attorney(s) appearing for the Case

Jerold D. Jacobson, New York City (David H. Diamond, Fred Kolikoff, Guggenheimer & Untermyer, New York City, of counsel), for employer-petitioner.

Robert Sewell, Atty., N. L. R. B., Washington, D.C. (Norton J. Come, Acting Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Assn. Gen. Counsel, James Y. Callear, Atty., N. L. R. B., Washington, D.C., of counsel), for respondent.

Loren Siegel, Brooklyn, N.Y. (Amy Gladstein, Gladstein, Reif & Siegel, Brooklyn, N.Y., of counsel), for employees intervenors.

Proskauer, Rose, Goetz & Mendelsohn, New York City (Howard Lichtenstein, Allan H. Weitzman, James H. Carmichael, New York City, of counsel), for amicus curiae Hospital Association of New York State.

Irwin Geller, New York City, for amicus curiae Committee of Interns and Residents.

Roan & Grossman, Kansas City, Mo. (Clifton L. Elliott, Gina Kaiser, Kansas City, Mo., of counsel), for amicus curiae American Hospital Association.

Before LUMBARD, MANSFIELD and NEWMAN, Circuit Judges.


MANSFIELD, Circuit Judge:

Intervenors Dr. Marji Gold and Dr. Michael Fisher filed an unfair labor practice charge with the National Labor Relations Board (Board) against petitioner Montefiore Hospital and Medical Center (Hospital), alleging that in violation of § 8(a)(1) of the National Labor Relations Act (the Act), 29 U.S.C. § 158(a)(1),1 it unlawfully suspended them for strike activity and retaliated against them for filing...

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