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N.L.R.B. v. FUGAZY CONTINENTAL CORP.

No. 399, Docket 86-4031.

817 F.2d 979 (1987)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. FUGAZY CONTINENTAL CORPORATION, Respondent.

United States Court of Appeals, Second Circuit.

Decided April 30, 1987.

Attorney(s) appearing for the Case

Margaret Bezou, Washington, D.C. (Michael David Fox; Rosemary M. Collyer, Gen. Counsel; John E. Higgins, Jr., Deputy Gen. Counsel; Robert E. Allen, Associate Gen. Counsel; Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., of counsel), for petitioner.

Steven S. Goodman, New York City (Roger S. Kaplan, Jackson, Lewis, Schnitzler & Krupman, New York City, of counsel), for respondent.

Before FEINBERG, Chief Judge, and MANSFIELD and WINTER, Circuit Judges.

WINTER, Circuit Judge:

The National Labor Relations Board ("NLRB") applies for enforcement of its Supplemental Decision and Order ("Supplemental Order") requiring Fugazy Continental Corp. ("Fugazy") to reimburse discharged franchise limousine operators for their franchise fees. Fugazy Continental Corp., 276 N.L.R.B. No. 152 (Sept. 30, 1985). Fugazy argues that this remedy is beyond the NLRB's authority because it creates rights that would not have existed absent...

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