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N.L.R.B. v. ROCK BOTTOM STORES, INC.

No. 888, Docket 94-4110.

51 F.3d 366 (1995)

NATIONAL LABOR RELATIONS BOARD, Petitioner, and Local 1199, Drug, Hospital and Health Care Employees Union, Intervenor, v. ROCK BOTTOM STORES, INC., Respondent.

United States Court of Appeals, Second Circuit.

Decided April 5, 1995.

Attorney(s) appearing for the Case

Stanley L. Goodman, Roseland, NJ (Grotta Glassman & Hoffman, P.A., of counsel), for respondent.

Margaret G. Neigus, N.L.R.B., Washington, DC (William M. Bernstein, Frederick L. Feinstein, Gen. Counsel, Linda Sher, Acting Associate Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, N.L.R.B., of counsel), for petitioner.

K. Dean Hubbard, New York City (Eisner Goldfeder & Hubbard, P.C., of counsel), for intervenor.

Before: FEINBERG, MESKILL and McLAUGHLIN, Circuit Judges.

FEINBERG, Circuit Judge:

The National Labor Relations Board (the Board) petitions to enforce its order finding that respondent Rock Bottom Stores, Inc. (Rock Bottom) violated § 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. § 158(a)(1) & (5). The central issue is the status of 12 employees who worked as trainees at Rock Bottom's store in Commack, New York, before the store was closed and relocated. The Board found that these employees...

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