MERCY HOSPITAL OF BUFFALO v. N. L. R. B.

Nos. 121, 268, Dockets 81-4070, 81-4092.

668 F.2d 661 (1982)

MERCY HOSPITAL OF BUFFALO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Buffalo & Western New York Hospital and Nursing Home Council, Intervenor.

United States Court of Appeals, Second Circuit.

Decided January 7, 1982.


Attorney(s) appearing for the Case

Paul B. Zuydhoek, Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, N.Y., for petitioner.

John D. Burgoyne, Asst. Gen. Counsel, 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.

Frank S. Kedzielawa, Buffalo, N.Y. (Lipsitz, Green, Fahringer, Roll, Schuller & James, Stuart M. Pohl, Buffalo, N.Y., of counsel), for intervenor.

Before FEINBERG, Chief Judge, FRIENDLY and PIERCE, Circuit Judges.


FEINBERG, Chief Judge:

Mercy Hospital of Buffalo (the Hospital) petitions this court to review and set aside an order of the National Labor Relations Board (the Board) dated March 19, 1981 that found that the Hospital had unlawfully refused to bargain with the Buffalo and Western New York Hospital and Nursing Home Council (the Union). The Board has filed a cross-application for enforcement of its order, which was entered upon the General

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