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N.L.R.B. v. BLACKSTONE CO., INC.

No. 81-3132.

685 F.2d 102 (1982)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BLACKSTONE COMPANY, INC., Respondent.

United States Court of Appeals, Third Circuit.

Decided August 11, 1982.

Attorney(s) appearing for the Case

William A. Lubbers, Gen. Counsel, John D. Burgoyne (argued), Asst. Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Jolane A. Findley, Atty., N. L. R. B., Washington, D. C., for petitioner.

Theodore M. Eisenberg (argued), Joseph P. Paranac, Grotta, Glassman & Hoffman, P. A., Roseland, N. J., for respondent.

Before GIBBONS and HUNTER, Circuit Judges and LORD, District Judge.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This petition for enforcement of an NLRB cease and desist and reinstatement order arises out of the NLRB's findings of violations of sections 8(a)(1) and (a)(3) of the National Labor Relations Act, 29 U.S.C. §§ 158(a)(1), (a)(3) (1976) (the Act), by the Blackstone Company, Inc. (the Company). Because we believe the administrative law judge applied the wrong burden of proof to the Company in its attempt...

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