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N.L.R.B. v. COCA COLA BOTTLING CO. OF BUFFALO, INC.

No. 63, Docket 86-4065.

811 F.2d 82 (1987)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. COCA COLA BOTTLING COMPANY OF BUFFALO, INC., Respondent.

United States Court of Appeals, Second Circuit.

Decided January 28, 1987.

Attorney(s) appearing for the Case

Marc B. Seidman, N.L.R.B., Washington, D.C. (W. Christian Schumann, Atty., 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.

James A. Prozzi, Pittsburgh, Pa. (Lubow & Prozzi, P.C., Pittsburgh, Pa., of counsel), for respondent.

Before CARDAMONE, PIERCE and ALTIMARI, Circuit Judges.

PIERCE, Circuit Judge:

The National Labor Relations Board (the "Board" or "NLRB") petitions for enforcement of an order. The order substantially adopts the decision and order recommended by an administrative law judge ("ALJ") which requires respondent Coca Cola Bottling Company of Buffalo, Inc. (the "Company") to reinstate one Richard Smith, a former employee, with back pay.1 The ALJ based this order on a finding that the Company discharged...

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