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N.L.R.B. v. ACES MECHANICAL CORP.

Nos. 219, 154, Dockets 87-4039, 87-4049.

837 F.2d 570 (1988)

NATIONAL LABOR RELATIONS BOARD, Petitioner-Cross-Respondent, v. ACES MECHANICAL CORP., Respondent-Cross-Petitioner.

United States Court of Appeals, Second Circuit.

Decided January 22, 1988.

Attorney(s) appearing for the Case

Harriet Lipkin, Atty., N.L.R.B., Washington, D.C. (Collis Suzanne Stocking, Supervisory 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, on the Brief), for petitioner-cross-respondent.

Anthony L. Tersigni, New York City (Meyers, Tersigni, Lurie, Feldman & Gray, New York City, of counsel), for respondent-cross-petitioner.

Before KAUFMAN and ALTIMARI, Circuit Judges, and TENNEY, District Judge.

TENNEY, District Judge:

This is an application for enforcement and a cross-petition for review of an order of the National Labor Relations Board ("NLRB" or "Board") against Aces Mechanical Corp. ("Aces"). The Board's order charges that Aces violated section 8(a)(1) of the National Labor Relations Act ("Act"), 29 U.S.C. § 158(a)(1) (1982), by threatening to dismiss employee Steven J. O'Toole ("O'Toole") for insisting on his alleged right to be shop steward, and...

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