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N.L.R.B. v. ARTHUR SARNOW CANDY CO., INC.

No. 1922, Docket 94-4030.

40 F.3d 552 (1994)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ARTHUR SARNOW CANDY CO., INC. and Lily Popcorn, Inc., Respondents.

United States Court of Appeals, Second Circuit.

Decided November 10, 1994.

Attorney(s) appearing for the Case

Margaret Luke, N.L.R.B., Washington, DC (Frederick L. Feinstein, Gen. Counsel, Linda Sher, Acting Associate Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, Peter Winkler, Supervisory Atty., N.L.R.B., of counsel), for petitioner.

Jeffrey Pollack, New York City (Horowitz & Pollack, P.C., of counsel), for respondents.

Before: KEARSE and ALTIMARI, Circuit Judges, and SEYBERT, District Judge.

SEYBERT, District Judge:

OVERVIEW

On August 21, 1992, Local 719, International Brotherhood of Teamsters, AFL-CIO ("the Union") was elected as the representative of certain employees of Arthur Sarnow Candy Co., Inc. and Lily Popcorn, Inc. (together, "the Company"),1 despite attempts by the Company to block the election. On September 25, 1992, the National Labor Relations Board ("NLRB" or "Board") certified the Union as the employees...

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