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MARAM v. UNIVERSIDAD INTERAMERICANA DE PUERTO RICO

No. 83-1246.

722 F.2d 953 (1983)

Michael S. MARAM, Acting Regional Director of Region 24 of the National Labor Relations Board, For and Behalf of the National Labor Relations Board, Petitioner, Appellant, v. UNIVERSIDAD INTERAMERICANA DE PUERTO RICO, INC., Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided December 14, 1983.

Attorney(s) appearing for the Case

Jean Seibert Stucky, Atty., Washington, D.C., with whom William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Harold J. Datz, Associate Gen. Counsel, Joseph E. Mayer, Asst. Gen. Counsel, and Joseph P. Norelli, Deputy Asst. Gen. Counsel, N.L.R.B., Washington, D.C., were on brief, for petitioner, appellant.

Francisco M. Ramirez Rivera, San Juan, P.R., with whom William Lespier, Francisco M. Ramirez, Agustin Collazo, San Juan, P.R., and Lespier, Munoz Noya & Ramirez, Hato Rey, P.R., were on brief, for respondent, appellee.

Vincente J. Antonetti, Santwice, P.R., with whom Goldman & Antonetti, Santwice, P.R., was on brief, for intervenor Caribe Cleaning Services, Inc.

Before CAMPBELL, Chief Judge, ALDRICH and COWEN, Senior Circuit Judges.

BAILEY ALDRICH, Senior Circuit Judge.

The National Labor Relations Board appeals from the denial of its application for a preliminary injunction under section 10(j) of the NLRA, 29 U.S.C. § 160(j), requiring Universidad Interamericana de Puerto Rico to restore its discharged janitorial employees pending resolution of an underlying unfair labor practice proceeding. The district court, applying a two-step analysis used by many circuits, see Solien v. Merchants...

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