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RESTAURANT CORP. OF AMERICA v. N.L.R.B.

No. 84-1475.

801 F.2d 1390 (1986)

RESTAURANT CORPORATION OF AMERICA, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided September 26, 1986.

As Modified December 8, 1986.

Attorney(s) appearing for the Case

Timothy J. O'Rourke, with whom Marshall F. Berman and Michael A. Pace, Washington, D.C., were on brief, for petitioner.

Marc B. Seidman, Atty., N.L.R.B., with whom Robert E. Allen, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, and Howard E. Perlstein, Atty., N.L.R.B., Washington, D.C., were on brief, for respondent.

Before BORK and SCALIA, Circuit Judges, and MacKINNON, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge BORK.

Opinion dissenting in part and concurring in part filed by Senior Judge MacKINNON.

BORK, Circuit Judge:

Restaurant Corporation of America ("petitioner" or "RCA") petitions for review of a decision and order of the National Labor Relations Board ("NLRB" or "Board"). The Board found that RCA violated section 8(a)(1) and (3) of the National Labor Relations Act ("NLRA" or "Act"), 29 U.S.C. § 158(a...

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