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KINNEY DRUGS, INC. v. N.L.R.B.

Nos. 1647, 1932, and 1933, Dockets 94-4133, 94-4157, and 94-4189.

74 F.3d 1419 (1996)

KINNEY DRUGS, INC., Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.

United States Court of Appeals, Second Circuit.

Decided January 24, 1996.

Attorney(s) appearing for the Case

Thomas J. Grooms, Syracuse, NY (Joseph C. Dole, Bond, Schoeneck & King, Syracuse, NY, on the brief) for petitioner-cross-respondent.

Margaret Gaines Neigus, Supervisory Attorney, National Labor Relations Board, Washington, DC (Frederick L. Feinstein, General Counsel, Linda Sher, Acting Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Deborah E. Shrager, Attorney, National Labor Relations Board, Washington, DC, on the brief) for respondent-cross-petitioner.

Before: VAN GRAAFEILAND, KEARSE, and JACOBS, Circuit Judges.

JACOBS, Circuit Judge:

Respondent-cross-petitioner the National Labor Relations Board ("Board" or "NLRB") has issued an order (1) finding that during a 1991 union organizing election petitioner-cross-respondent Kinney Drugs, Inc. ("Kinney") engaged in unfair labor practices sufficiently egregious as to justify a bargaining order, and (2) overruling challenges to certain ballots. When the challenged ballots were opened, the NLRB declared the union the winner of the...

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