MASS. SOC. FOR PREVENTION OF CRUELTY v. N.L.R.B.

No. 01-2260.

297 F.3d 41 (2002)

MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO CHILDREN, Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner, and Service Employees International Union, Local 509, AFL-CIO, Intervenor.

United States Court of Appeals, First Circuit.

Decided August 1, 2002.


Attorney(s) appearing for the Case

Barry S. Pollack, with whom Macon P. Magee, Kay H. Hodge, and Stoneman, Chandler & Miller LLP, were on brief, for petitioner, cross-respondent.

Fred L. Cornnell, Supervisory Attorney, with whom Siobhan M. Kelly, Attorney, Arthur R. Rosenfeld, General Counsel, John E. Higgins, Jr., Acting Deputy General Counsel, John H. Ferguson, Associate General Counsel, and Aileen A. Armstrong, Deputy Associate General Counsel, were on brief, for respondent, cross-petitioner.

David R. Rome, with whom Pyle, Rome, Lichten & Ehrenberg, P.C., was on brief, for intervenor.

Before TORRUELLA, Circuit Judge, CAMPBELL and CYR, Senior Circuit Judges.


TORRUELLA, Circuit Judge.

Petitioner Massachusetts Society for the Prevention of Cruelty to Children ("MSPCC") seeks review of a decision of the National Labor Relations Board ("NLRB" or "Board"). In the proceedings below, the Board concluded that MSPCC committed unfair labor practices under the National Labor Relations Act ("NLRA" or "Act"), 29 U.S.C. §§ 151-169, by failing to negotiate with the duly elected representative...

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