Daniel A. Donovan v. National Labor Relations Board

OAKES, Circuit Judge:

This case presents the question whether a union’s coercive conduct can preclude it from the benefits of a Gissel bargaining order (NLRB v. Gissel Packing Co., 395 U.S. 575, 89 S.Ct. 1918, 23 L.Ed.2d 547 (1969)) made as a result of an employer’s § 8(a)(1) and § 8(a)(3) conduct (notes 1 and 2 infra). The petitioners in this case, Daniel Donovan, Charles Brennick and John Brennick, are co-partners doing business under the trade name “Daniel A. Donovan d/b/a New Fairview Hall Convalescent Home” (the Company). The Company, a licensed proprietary nursing home and extended care…