Opinion
No. 81-7831.
September 20, 1984.
Joseph A. Oertel, N.L.R.B., Washington, D.C., for respondent, cross-petitioner.
Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board.
Before HENDERSON and HATCHETT, Circuit Judges, and TUTTLE, Senior Circuit Judge.
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
On April 2, 1984, the Supreme Court of the United States, ___ U.S. ___, 104 S.Ct. 1699, 80 L.Ed.2d 173, vacated the judgment of this court ( 700 F.2d 687) in this cause, and remanded the cause for further consideration in light of National Labor Relations Board v. City Disposal Systems, Inc., 465 U.S. ___, 104 S.Ct. 1505, 79 L.Ed.2d 839 (1984).
On reconsideration, in light of the Supreme Court's acceptance of the NLRB's "Interboro doctrine" ( Interboro Contractors, Inc., 157 N.L.R.B. 1295, 1298 (1966), enforced 388 F.2d 495 (2d Cir. 1967)), we apply that doctrine and enforce that portion of the Board's order directing Roadway Express to expunge the warning letters issued to Wilson and Howard.
ENFORCED.