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SAKS & CO. v. N.L.R.B.

Nos. 90, 601, Dockets 80-4029, 80-4057.

634 F.2d 681 (1980)

SAKS & COMPANY, Petitioner-Appellant-Cross Appellee, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Appellee-Cross Appellant, Amalgamated Clothing and Textile Workers Union, Pittsburgh District Joint Board, Local 86, AFL-CIO-CLC, Intervenor.

United States Court of Appeals, Second Circuit.

Decided November 14, 1980.

Attorney(s) appearing for the Case

John C. Grosz, New York City (Solinger & Gordon, New York City, Eugene H. Gordon, Eric H. Fisher, William J. Adelson, New York City, of counsel), for petitioner-appellant-cross appellee.

Allison W. Brown, Jr., N.L.R.B., 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, N.L.R.B., Washington, D. C., of counsel), for respondent-appellee-cross appellant.

Leonard Schneider, Amalgamated Clothing and Textile Workers Union, AFL-CIO, Detroit, Mich. (Arthur M. Goldberg, Gen. Counsel, George Kirschenbaum, Amalgamated Clothing and Textile Workers Union, AFL-CIO, New York City), for intervenor.

Before FRIENDLY and MESKILL, Circuit Judges, and BONSAL, District Judge.

BONSAL, District Judge:

Saks & Co. ("Saks") petitions for review of a Decision and Order of the National Labor Relations Board ("NLRB") issued against Saks on February 14, 1980 (247 NLRB No. 128). The NLRB cross-appeals for enforcement of its Order. The Amalgamated Clothing and Textile Workers Union ("Union") has intervened in support of the Order.

The NLRB found that Saks had violated Sections 8(a)(1) and (5...

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