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N. L. R. B. v. FIRST NAT. MAINTENANCE CORP.

No. 891, Docket 79-4167.

627 F.2d 596 (1980)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. FIRST NATIONAL MAINTENANCE CORP., Respondent.

United States Court of Appeals, Second Circuit.

Decided July 9, 1980.

Attorney(s) appearing for the Case

William R. Stewart, Deputy Asst. Gen. Counsel, L. Joseph Ferrara, Atty., Washington, D. C. (William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Washington, D. C., for petitioner.

Milman, Naness & Pollack, Hewlett, N. Y. (Sanford E. Pollack, Hewlett, N. Y., of counsel), for respondent.

Before TIMBERS and KEARSE, Circuit Judges, and LASKER, District Judge.

LASKER, District Judge.

This case presents the issue whether an employer has the duty to bargain with the union representing its employees as to a decision to close part of its operations.

The National Labor Relations Board (NLRB or the Board) seeks enforcement of its order of May 23, 19791 which, based on the findings of the Administrative Law Judge that First National Maintenance Corporation (FNM) violated sections 8(a)(5) and...

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