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NATIONAL LABOR REL. BD. v. BROWN & SHARPE MFG. CO.

No. 4336.

183 F.2d 259 (1950)

NATIONAL LABOR RELATIONS BOARD v. BROWN & SHARPE MFG. CO.

United States Court of Appeals First Circuit.

June 30, 1950.

Attorney(s) appearing for the Case

Mozart G. Ratner, Attorney, Washington, D. C. (David P. Findling, Associate General Counsel, A. Norman Somers, Assistant General Counsel, and Melvin Pollack, Attorney, all of Washington, D. C., on the brief), for petitioner.

Eugene J. Phillips, Providence, R. I. (Dana M. Swan, Francis B. Keeney, Jr., and Swan, Keeney & Smith, all of Providence, R. I., on the brief), for respondent.

Before MAGRUDER, Chief Judge, and WOODBURY and FRANK (by special assignment), Circuit Judges.

WOODBURY, Circuit Judge.

After appropriate proceedings, the National Labor Relations Board in a decision dated July 31, 1947, concluded on the basis of specific findings of fact (a) that the respondent's time-study men were "employees" within the meaning of § 2(3) of the National Labor Relations Act, 29 U.S. C.A. § 152(3), and (b) that the respondent by refusing to bargain with the Union which had been duly certified as the representative of these employees...

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