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DAYS INN MANAGEMENT CO. v. N.L.R.B.

Nos. 1035, 1255, Dockets 90-4135, 90-4151.

930 F.2d 211 (1991)

DAYS INN MANAGEMENT COMPANY, Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.

United States Court of Appeals, Second Circuit.

Decided April 10, 1991.

Attorney(s) appearing for the Case

Abner P. Slatt, New York City, and John R. Hunt, Atlanta, Ga. (Slatt and Lane, New York City, Stokes, Lazarus & Carmichael, Atlanta, Ga., of counsel), for petitioner-cross-respondent.

Karen L. Arndt, Washington, D.C. (Paul J. Spielberg, Deputy Asst. Gen. Counsel for the N.L.R.B., Jerry M. Hunter, General Counsel for the N.L.R.B., Aileen A. Armstrong, Deputy Associate General Counsel for the N.L.R.B., of counsel), for respondent-cross-petitioner.

Before LUMBARD, NEWMAN and ALTIMARI, Circuit Judges.

ALTIMARI, Circuit Judge:

Days Inn Management Co., Inc. ("Days Inn" or "petitioner") petitions this Court for review of an order of the National Labor Relations Board ("Board" or "NLRB"). The Board found that Days Inn committed an unfair labor practice in violation of section 8(a)(1) of the National Labor Relations Act ("Act"), 29 U.S.C. § 158(a)(1) (1988), by allowing its employee to cross names off a list of potential voters during the course of a representation...

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