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HAMILTON TEST SYSTEMS, N.Y., INC. v. N.L.R.B.

Nos. 1365, 1522, Dockets 84-4044, 84-4056.

743 F.2d 136 (1984)

HAMILTON TEST SYSTEMS, NEW YORK, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Local 804, Delivery and Warehouse Employees, An Affiliate of International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Intervenor.

United States Court of Appeals, Second Circuit.

Decided August 30, 1984.

Attorney(s) appearing for the Case

Edward J. Dempsey, Hartford, Conn. (Joseph C. Wells, Farmer, Wells, Sibal & Dempsey, Hartford, Conn., of counsel), for petitioner Hamilton Test Systems, New York, Inc.

Ralph C. Simpson, N.L.R.B., Washington, D.C. (Wilford W. Johansen, Acting Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, William Wachter, N.L.R.B., Washington, D.C., of counsel), for respondent N.L.R.B.

Richard M. Seltzer, New York City (Cohen, Weiss & Simon, New York City, of counsel), for intervenor Local 804, Delivery and Warehouse Employees.

Before MESKILL, CARDAMONE, and ROSENN, Circuit Judges.

ROSENN, Senior Circuit Judge.

Hamilton Test Systems, New York, Inc. (Company) petitions for review of a decision and order of the National Labor Relations Board (Board) holding that the Company committed an unfair labor practice by refusing to bargain with Local 804, Delivery and Warehouse Employees (Union). The Board cross-petitions for enforcement. The Company contends that its refusal to bargain was justified because the Board certified an inappropriate bargaining...

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