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Argued January 17, 2002

On Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board

Computer Associates International, Inc. (CA) seeks review of a National Labor Relations Board (NLRB or Board) determination that CA violated section 8(a)(1) and (3) of the National Labor Relations Act (Act), 29 U.S.C. s 158(a)(1), (a)(3), by terminating a subcontract with Cushman & Wakefield of Long Island (Cushman) to provide engineers at CA’s Islandia, New York facility and thereby discharging the engineers in retaliation for their union activities. See Computer Assocs. Int’l, Inc, 32 N.L.R.B. No. 108, 2000 WL 1699038 (Oct. 31, 2000). Crucial to the Board’s holding was its finding that CA was a “joint employer” of the engineers. Because the engineers’ union, Local 30 of the International Union of Operating Engineers (Union), had stipulated that Cushman was its sole employer and the Board cited no changed circumstances after the stipulation to support its finding that CA was a joint employer, we conclude the Board’s joint employer finding is not supported by substantial evidence and we therefore grant CA’s petition for review. We also grant the Board’s crossapplication insofar as it seeks to enforce the Board’s separate unchallenged finding that CA violated section 8(a)(1) of the Act by using interrogations, threats and promises to discourage the engineers’ union activities.*fn1

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