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INTERNATIONAL HOUSE v. N.L.R.B.

Nos. 726, 843, Dockets 81-4170, 81-4200.

676 F.2d 906 (1982)

INTERNATIONAL HOUSE, Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.

United States Court of Appeals, Second Circuit.

Decided April 9, 1982.

Attorney(s) appearing for the Case

Donald L. Cuneo, New York City (Jonathan L. Greenblatt, John Spelman, Shearman & Sterling, New York City, of counsel, Daniel B. Levin, New York City, on the brief), for petitioner.

Jonathan Saperstein, 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, John Burgoyne, Asst. Gen. Counsel, N. L. R. B., Washington, D. C., of counsel), for respondent.

Before WATERMAN, VAN GRAAFEILAND and MESKILL, Circuit Judges.

MESKILL, Circuit Judge:

This appeal involves an order of the National Labor Relations Board finding International House ("IH") in violation of sections 8(a)(1), (3), and (5) of the National Labor Relations Act ("NLRA"), 29 U.S.C. § 158(a)(1), (3), (5) (1976). IH petitions to have the order set aside, and the Board cross-petitions for enforcement. The Board's order was premised upon a finding that IH was a joint employer of cafeteria workers represented by District...

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