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ABBEY'S TRANSP. SERVICES, INC. v. N.L.R.B.

Nos. 443, 579, Dockets 87-4096, 87-4114.

837 F.2d 575 (1988)

ABBEY'S TRANSPORTATION SERVICES, INC., Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner.

United States Court of Appeals, Second Circuit.

Decided January 25, 1988.

Attorney(s) appearing for the Case

Jeffrey M. Bernbach, New York City, for petitioner, cross-respondent.

Dennis P. Walsh, Washington, D.C. (Rosemary Collyer, John E. Higgins, Jr., Robert E. Allen, Aileen A. Armstrong, Elliott Moore, John Truesdale, Linda Dreeben, on the brief), for respondent, cross-petitioner.

Before KAUFMAN, MESKILL and KEARSE, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

The arduous task of parsing legitimate from unlawful motives in employer discharges of union activists has plagued both the courts and the National Labor Relations Board (hereafter "the Board") since the enactment of the National Labor Relations Act (hereafter "the Act") in 1935. Because of the rising number of unfair labor practice charges during union organizing drives, unlawful discharges currently are a pressing concern in fulfilling...

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