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OLIVETTI OFFICE U.S.A., INC. v. N.L.R.B.

Nos. 659 to 661, Dockets 90-4068, 90-4082 and 90-4094.

926 F.2d 181 (1991)

OLIVETTI OFFICE U.S.A., INC., Olivetti Supplies Inc., Petitioners-Cross-Respondents (90-4068), v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner (90-4094), UAW Local 376, Intervenor (90-4068). UAW LOCAL 376, Petitioner (90-4082), v. NATIONAL LABOR RELATIONS BOARD, Respondent, Olivetti Office U.S.A., Inc., Olivetti Supplies, Inc., Intervenors. NATIONAL LABOR RELATIONS BOARD, Petitioner (90-4082), v. ROYTYPE DIVISION, TRIUMPH-ADLER ROYAL INC. and its Successors, Olivetti Office U.S.A., Inc., and Olivetti Supplies, Inc., Respondents.

United States Court of Appeals, Second Circuit.

Decided February 14, 1991.

Attorney(s) appearing for the Case

Brian Clemow (Shipman & Goodwin, Hartford, Conn., Richard A. Mills Jr. and Kimberly Dean Coran, of counsel), for Olivetti Office U.S.A., Inc., Olivetti Supplies, Inc.

Susan Price-Livingston (Gould, Livingston, Adler & Pulda, Hartford, Conn., Daniel E. Livingston, Gregg D. Adler, of counsel), for UAW Local 376.

John H. Fawley (Howard E. Perlstein, Supervisory Atty., Jerry M. Hunter, General Counsel, Robert E. Allen, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, N.L.R.B., Washington, D.C., of counsel), for N.L.R.B.

Before OAKES, Chief Judge, CARDAMONE and McLAUGHLIN, Circuit Judges.

McLAUGHLIN, Circuit Judge:

These cross-petitions for review and enforcement of an order of the National Labor Relations Board ("the Board") present two significant issues, one of which we find troubling. First, we must determine whether the Board properly held that Roytype Division, Triumph-Adler Royal, Inc. ("the Company"), predecessor in interest of petitioner Olivetti Office U.S.A., Inc., committed an unfair labor practice by failing to bargain with International...

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