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HOLO-KROME CO. v. N.L.R.B.

Nos. 163, 322, Dockets 91-4061, 91-4085.

954 F.2d 108 (1992)

HOLO-KROME COMPANY, Petitioner-Cross-Appellant, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), Local 376, Intervenor.

United States Court of Appeals, Second Circuit.

Decided January 17, 1992.

Attorney(s) appearing for the Case

Burton Kainen, Hartford, Conn. (Diana Garfield, Siegel, O'Connor, Schiff, Zangari & Kainen, P.C., on the brief), for petitioner-cross-appellant.

Marilyn O'Rourke, Washington, D.C. (Jerry M. Hunter, Gen. Counsel, D. Randall Frye, Acting Deputy Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, and William R. Stewart, Deputy Asst. Gen. Counsel, on the brief), for respondent-cross-petitioner.

Gregg D. Adler, Hartford, Conn. (Stephen E. Meili, Gould, Livingston, Adler & Pulda, on the brief), for intervenor.

Before NEWMAN and PRATT, Circuit Judges, and POLLACK, District Judge.

JON O. NEWMAN, Circuit Judge:

The Board's petition for rehearing raises a narrow but important procedural question concerning the conduct of administrative hearings in cases in which an employer is charged with discriminating against an employee because of union activity, in violation of section 8(a)(3) of the National Labor Relations Act, 29 U.S.C. § 158(a)(3) (1988). We ruled in this case that the Board's decision, which found a section 8(a)(3) violation, was...

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