N.L.R.B. v. STAR COLOR PLATE SERVICE

No. 535, Docket 87-4122.

843 F.2d 1507 (1988)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. STAR COLOR PLATE SERVICE, DIVISION OF EINHORN ENTERPRISES, INC., Respondent, Local One, Amalgamated Lithographers of America, Intervenor.

United States Court of Appeals, Second Circuit.

Decided March 30, 1988.


Attorney(s) appearing for the Case

Martin H. Scher, Carle Place, N.Y., for respondent.

David A. Fleischer, N.L.R.B., Washington, D.C. (Rosemary M. Collyer, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, Susan L. Williams, Supervisory Atty., N.L.R.B., Washington, D.C., of counsel), for petitioner.

Mark D. Risk, New York City (Michael F. O'Toole, Steven M. Stimell, Robinson, Silverman, Pearce, Aronsohn & Berman, New York City, of counsel), for intervenor.

Before VAN GRAAFEILAND, WINTER and ALTIMARI, Circuit Judges.


WINTER, Circuit Judge:

This petition raises the question of whether we should deny enforcement of a bargaining order because of an egregious delay between the election and the certification of the union by the National Labor Relations Board. Because more than five years have elapsed between the certification election and the Board's order certifying the union, only a few of the employees who voted in the election are still...

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