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MISERICORDIA HOSPITAL MEDICAL CTR. v. N. L. R. B.

Nos. 885, 1149, Dockets 79-4216, 80-4004.

623 F.2d 808 (1980)

MISERICORDIA HOSPITAL MEDICAL CENTER, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Committee of Interns and Residents and New York State Nurses Association, Intervenors-Respondents.

United States Court of Appeals, Second Circuit.

Decided June 6, 1980.

Attorney(s) appearing for the Case

Frederick T. Shea, New York City (Kelly Drye & Warren, Paul L. Bressan, New York City, of counsel), for petitioner.

Richard S. Zuckerman, Atty., 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, Carol A. DeDeo, Atty., N.L.R.B., Washington, D.C., of counsel), for respondent.

Irwin Geller, New York City (Karen S. Schwartz, New York City, of counsel), for intervenor-respondent Committee of Interns and Residents.

Harder & Silber, Albany (Richard J. Silber, Albany, on the brief), for intervenor-respondent New York State Nurses Ass'n.

Before FRIENDLY, FEINBERG and TIMBERS, Circuit Judges.

FEINBERG, Circuit Judge:

Misericordia Hospital Medical Center (the Hospital) petitions for review, and the National Labor Relations Board applies for enforcement, of a Decision and Order of the Board, reported at 246 NLRB No. 57, holding that the Hospital had violated § 8(a)(1) of the National Labor Relations Act (the Act), 29 U.S.C. § 158(a)(1), by making statements equating activity protected under § 7 of the Act, 29 U.S.C. § 157, with disloyalty...

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