N. L. R. B. v. CAST-A-STONE PRODUCTS COMPANY

No. 72-2228.

479 F.2d 396 (1973)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. CAST-A-STONE PRODUCTS COMPANY, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided May 30, 1973.


Attorney(s) appearing for the Case

John F. Depenbrock, Atty., N. L. R. B. (Peter G. Nash, Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel and Elliott Moore, Deputy Asst. Gen. Counsel, N. L. R. B., on brief) for petitioner.

J. W. Alexander, Jr., Charlotte, N. C. (Alexander Copeland, III, Blakeney, Alexander & Machen, Charlotte, N. C., on brief), for respondent.

Before BRYAN, WINTER and BUTZNER, Circuit Judges.


PER CURIAM:

The Board seeks enforcement of its order based upon its finding that the employer committed an unfair labor practice when it discharged Raymond Leasure. Before the trial examiner, the issues had been whether the employee was a supervisor and hence beyond the Act's protection in the matter of discharge, and whether the discharge was illegal because it resulted from Leasure's protected union activity. The trial examiner found that the employee was a supervisor...

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