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SYSTEMS MANAGEMENT, INC. v. N.L.R.B.

Nos. 89-3109, 89-3232 and 89-3233.

901 F.2d 297 (1990)

SYSTEMS MANAGEMENT, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, International Brotherhood of Painters and Allied Trades of the United States and Canada, Local 327, AFL-CIO, Intervenor. SYSTEMS MANAGEMENT, INC., Respondent, v. NATIONAL LABOR RELATIONS BOARD, Petitioner, NATIONAL LABOR RELATIONS BOARD, Petitioner, v. INTERNATIONAL BROTHERHOOD OF PAINTERS AND ALLIED TRADES OF the UNITED STATES AND CANADA, LOCAL 327, AFL-CIO, Respondent.

United States Court of Appeals, Third Circuit.

Decided April 17, 1990.

Rehearing and Rehearing Denied May 11, 1990.

As Amended May 11, 1990.

Attorney(s) appearing for the Case

Allen G. Siegel, Fred S. Sommer (argued), Jeanne Philbin, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C., for petitioner in Nos. 89-3109 and as respondent in Nos. 89-3232/33.

Joseph E. Desio, Acting General Counsel, Robert E. Allen, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Collis Suzanne Stocking, Supervisory Atty., William A. Baudler (argued), N.L.R.B., Washington, D.C., for respondent in Nos. 89-3109 and as petitioner in Nos. 89-3232/33.

Before SLOVITER, GREENBERG and GARTH, Circuit Judges.

Rehearing and Rehearing In Banc Denied May 11, 1990.

OPINION OF THE COURT

GARTH, Circuit Judge:

This petition for enforcement brought by the National Labor Relations Board (NLRB) presents us with a number of issues, the most significant of which involve questions as to: (1) whether Systems Management (Systems), an employer of only part-time employees, may be deemed to be a "successor" to a predecessor janitorial and maintenance service which employed...

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