VITEK ELECTRONICS, INC. v. N.L.R.B.

Nos. 84-3012, 84-3111.

763 F.2d 561 (1985)

VITEK ELECTRONICS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, International Union of Electrical, Radio, and Machine Workers, AFL-CIO, Intervenor. INTERNATIONAL UNION OF ELECTRICAL, RADIO AND MACHINE WORKERS, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Vitek Electronics, Inc., Intervenor.

United States Court of Appeals, Third Circuit.

Decided June 4, 1985.

As amended July 3, 1985.


Attorney(s) appearing for the Case

B. Michael Thrope (argued), John E. Jay, Jeffrey S. Donin, Parker, Chapin, Flattau & Klimpl, New York City, for petitioner Vitek Electronics in No. 84-3012, for intervenor Vitek Electronics in No. 84-3111.

Elliott Moore, Deputy Associate Gen. Counsel, William Wachtler, Charles P. Donnelly (argued), N.L.R.B., Washington, D.C., for respondent N.L.R.B. in No. 84-3012 and 84-3111.

Sandra L. Hughes (argued), Legal Dept., IUE, Washington, D.C., for intervenor IUE in No. 84-3012, for petitioner IUE in No. 84-3111.

Before GARTH and SLOVITER, Circuit Judges and LORD, District Judge


OPINION OF THE COURT

GARTH, Circuit Judge:

For the second time, the election held at Vitek Electronics, Inc. on June 7, 1979 is before us for review. After Vitek's first visit, Vitek Electronics, Inc. v. NLRB (Vitek I), 653 F.2d 785 (3d Cir.1981), this Court remanded the case to the Regional Director, stating

The case will be remanded with direction to the Regional Director to conduct a hearing on the issues...

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