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N. L. R. B. v. MARINE OPTICAL, INC.

No. 81-1541.

671 F.2d 11 (1982)

NATIONAL LABOR RELATIONS BOARD, Petitioner, and United Optical Workers Union Local 408, International Union of Electrical, Radio and Machine Workers, AFL-CIO, Intervenor, v. MARINE OPTICAL, INC., Respondent.

United States Court of Appeals, First Circuit.

Decided February 8, 1982.

Rehearing Denied March 1, 1982.

Attorney(s) appearing for the Case

Eric Moskowitz, Atty., with whom William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, and Elliott Moore, Deputy Associate Gen. Counsel, Washington, D. C., were on brief, for petitioner.

James M. Paulson, with whom Morgan, Brown, Kearns & Joy, Boston, Mass., was on brief, for respondent.

Jerome Tauber, with whom I. Philip Sipser, Leonard Leibowitz, and Sipser, Weinstock, Harper, Dorn & Leibowitz, New York City, were on brief, for intervenor.

Before COFFIN, Chief Judge, BOWNES and BREYER, Circuit Judges.

BOWNES, Circuit Judge.

The National Labor Relations Board (the Board) seeks enforcement of its order finding respondent Marine Optical, Inc. (the Company) in violation of sections 8(a)(1) and (5) and 8(d) of the National Labor Relations Act (the Act), 29 U.S.C. § 158(a)(1), (5) and (d). Following a hearing before an administrative law judge (ALJ), the Company was found to have violated section 8(a)(5) and (1) by withdrawing recognition from the Union

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