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N.L.R.B. v. QUINN RESTAURANT CORP.

No. 1870, Docket 93-4078.

14 F.3d 811 (1994)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. QUINN RESTAURANT CORP. d/b/a Water's Edge, Respondent.

United States Court of Appeals, Second Circuit

Decided January 31, 1994.

Attorney(s) appearing for the Case

Nancy J. Gottfried, N.L.R.B., Washington, DC (Jerry M. Hunter, Gen. Counsel, Yvonne T. Dixon, Acting Deputy Gen. Counsel, Nicholas E. Karatinos, Acting Associate Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, Frederick C. Havard, Supervising Atty., Marilyn O'Rourke, N.L.R.B., Washington, DC, of counsel), for petitioner.

Richard G. Kass, Mineola, NY (Rains & Pogrebin, Mineola, NY, of counsel), for respondent.

Before: WINTER, MINER and WALKER, Circuit Judges.

WINTER, Circuit Judge:

The National Labor Relations Board petitions for enforcement of its order in Quinn Restaurant Corp. d/b/a Water's Edge, 293 N.L.R.B. 465 (Mar. 28, 1989). The Board concluded that respondent violated Section 8(a)(5) and (1) of the National Labor Relations Act (the "Act") by refusing to execute a previously agreed upon collective bargaining agreement on the ground that it covered employees who were not properly in the bargaining unit. We...

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