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AT & T v. N.L.R.B.

Nos. 1796, 1938, 1939, Dockets 94-4232, 95-4018, 95-4020.

67 F.3d 446 (1995)

AT & T, Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. EXECUTIVE CLEANING SERVICES, INC. and Thru State Maintenance, Inc., Respondents, International Union of Operating Engineers, Local 68, AFL-CIO, Intervenor.

United States Court of Appeals, Second Circuit.

Decided September 29, 1995.

Order Clarifying Decision on Rehearing September 29, 1995.

Attorney(s) appearing for the Case

Francis X. Dee, Newark, NJ (Stephen F. Payerle, Carpenter, Bennett & Morrissey; and Anna R. O'Connor, Berkeley Heights, NJ, of counsel), for Petitioner-Cross-Respondent.

David Habenstreit, National Labor Relations Board, Washington, DC (Frederick L. Feinstein, General Counsel, Linda Sher, Acting Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Peter D. Winkler, Supervisory Attorney, and John Truesdale, Office of Executive Secretary, of counsel), for Respondent-Cross-Petitioner.

Daniel Mannix, Caldwell, NJ, for Respondent Executive Cleaning Services, Inc.

Melvin L. Gelade, Liberty Corner, NJ (Apruzzese, McDermott, Mastro & Murphy, of counsel), for Respondent Thru State Maintenance, Inc.

Steven Gaechter, Verona, NJ (Kroll & Gaechter, of counsel), for Intervenor.

Before: OAKES, WINTER and MAHONEY, Circuit Judges.

OAKES, Senior Circuit Judge:

This is a petition by AT & T for review, and a cross-application by the National Labor Relations Board (the "Board") for enforcement, of an order in an unfair labor practice case. Executive Cleaning Servs., Inc., 315 NLRB 227, 1994 WL 549297 (1994). The case was brought by Local 68 of the International Union of Operating Engineers, AFL-CIO ("Local 68" or "the union"), on March 3, 1989, alleging that AT & T was a joint employer...

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