NATIONAL LABOR RELATIONS BOARD, Petitioner, and
Leigh Benin, Faustino Vargas, and Laszlo Berkovits, Intervenors,
v.
NEW YORK UNIVERSITY MEDICAL CENTER, Respondent.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued November 4, 1982.
Decided January 21, 1983.
Attorney(s) appearing for the Case
Richard A. Semeraro, New York City (S. Andrew Schaffer, New York City, on the brief), for respondent.
Lawrence E. Blatnik, Atty., NLRB, Washington, D.C. (William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Dep. Gen. Counsel, Robert E. Allen, Assoc. Gen. Counsel, Elliott Moore, Dep. Assoc. Gen. Counsel, and Andrew F. Tranovich, Atty., NLRB, Washington, D.C., on the brief), for petitioner.
David M. Rosoff, New York City, for intervenors.
Before TIMBERS, KEARSE, and PIERCE, Circuit Judges.
United States Court of Appeals, Second Circuit.
TIMBERS, Circuit Judge:
This case brings sharply into focus the propriety of the Wright Line1 test of the National Labor Relations Board (Board) for evaluating mixed motive discharges. The Board applies, pursuant to § 10(e) of the National Labor Relations Act, 29 U.S.C. §§ 151, 160(e) (1976) (Act), for enforcement of its order, 261 N.L.R.B. No. 118 (1982), issued against...
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