Asociacion de v. NLRB
Asociacion de v. NLRB
Opinion
February 28, 1996 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT
No. 95-1642
ASOCIACI N DE MAESTROS DE PUERTO RICO,
Petitioner,
v.
NATIONAL LABOR RELATIONS BOARD,
Respondent.
No. 95-1740 NATIONAL LABOR RELATIONS BOARD,
Petitioner,
v.
ASOCIACI N HOSPITAL DEL MAESTRO, INC., ET AL.,
Respondent.
ON PETITIONS FOR REVIEW AND ENFORCEMENT OF AN ORDER
OF THE NATIONAL LABOR RELATIONS BOARD
Before
Selya, Cyr and Boudin,
Circuit Judges.
Zaida Prieto Rivera, with whom Cancio, Nadal, Rivera & Diaz was
on brief for Asociacion de Maestros de Puerto Rico. Fred L. Cornnell, with whom Frederick L. Feinstein, General
Counsel, Linda Sher, Associate General Counsel, and Aileen A.
Armstrong, Deputy Associate General Counsel, were on brief for NLRB.
2
Per Curiam. Asociaci n de Maestros de Puerto Rico Per Curiam.
("AMPR") petitions for review of a National Labor Relations Board
order which determined that AMPR and Asociaci n Hospital del
Maestro, Inc. ("the Hospital") constitute one employer under the
so-called "single employer" doctrine. See Penntech Papers, Inc.
v. NLRB,
706 F.2d 18, 25 (1st Cir.), cert. denied,
464 U.S. 892(1983). In the companion case, the National Labor Relations
Board applies for enforcement.
As the record discloses substantial evidentiary support
for the "single employer" finding; see 29 U.S.C. 152(2) (Supp.
1995); Penntech Papers, Inc., 706 F.2d at 22-25, and the Board's
subsidiary findings are not challenged,1 we uphold the "single
employer" ruling, dismiss the petition for review in No. 95-1642,
and direct enforcement of the Board's order.
SO ORDERED. See Loc. R. 27.1 (1st Cir.). SO ORDERED
1We note, nonetheless, that whether the "single employer" label fits may well depend in some measure on the nature of the underlying unfair labor practice claim. In the present case, the dispute concerned whether financial information about one company should be disclosed in connection with collective bargaining between the other company and its union. We have little diffi- culty in concluding that the relationship between these compa- nies, viewed in light of this unfair labor practice claim, afforded ample basis for the Board order. Whether the same result should obtain in the context of a different unfair labor practice claim need not be decided.
3
Reference
- Status
- Unpublished