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TRUSTEES OF MASONIC HALL & ASYLUM FUND v. N.L.R.B.

Nos. 299, 574, Dockets 82-4116, 82-4134.

699 F.2d 626 (1983)

The TRUSTEES OF the MASONIC HALL AND ASYLUM FUND, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Service Employees International Union, Local 200, AFL-CIO, Intervenor.

United States Court of Appeals, Second Circuit.

Decided February 14, 1983.

Attorney(s) appearing for the Case

Frank C. Morris, Jr., New York City (Richard G. Vernon, Richard J. Reibstein, Epstein, Becker, Borsody & Green, P.C., New York City, William W. Kelly, Penberthy, Kelly & Walthall, Utica, N.Y., of counsel), for petitioner.

David S. Fishback, N.L.R.B., Washington, D.C. (William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, of counsel; Andrew F. Tranovich, N.L. R.B., Washington, D.C., on the brief), for respondent.

Ira A. Sturm, Israelson, Manning & Raab, New York City, for intervenor-respondent.

Before FEINBERG, Chief Judge, OAKES, Circuit Judge, and TENNEY, District Judge.

OAKES, Circuit Judge:

Once again a court of appeals is faced with a National Labor Relations Board health care institution unit determination. The issue posed is whether the Board, acting in an area in which it generally has broad discretion, has given due heed, first, to preventing proliferation of bargaining units in the health care industry, the congressional concern expressed in the legislative history of the 1974 Health Care Amendments to the National Labor Relations...

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