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N.L.R.B. v. ST. JOSEPH'S HOSP.

No. 303, Docket 84-4085.

755 F.2d 260 (1985)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ST. JOSEPH'S HOSPITAL, Respondent.

United States Court of Appeals, Second Circuit.

Decided February 14, 1985.

Attorney(s) appearing for the Case

Deborah M.P. Yaffe, Washington, D.C. (Wilford W. Johansen, Acting Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, John G. Elligers, N.L.R.B., Washington, D.C., of counsel), for petitioner.

Susan S. Robfogel, Rochester, N.Y. (Mary J. Harrington, Harris, Beach, Wilcox, Rubin & Levey, Rochester, N.Y., of counsel), for respondent.

Jeffrey Dana Gillen, Albany, N.Y. (Harder, Silber & Gillen, Albany, N.Y., of counsel), for intervenor, N.Y. State Nurses Ass'n.

Before FRIENDLY, PIERCE and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge.

The issue before us is whether an employer committed an unfair labor practice by establishing certain qualifications for the union's auditor who was to examine the employer's financial records to verify its claimed inability to pay a wage increase when 1) the qualifications were apparently reasonably related to the problem of the audit, 2) the employer indicated its willingness to discuss the qualifications, and 3) the union refused...

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