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N. L. R. B. v. SUNNYLAND REFINING COMPANY

No. 72-2919. Summary Calendar.

474 F.2d 407 (1973)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SUNNYLAND REFINING COMPANY, a Wholly Owned Subsidiary of Kane-Miller Corporation, Respondent.

United States Court of Appeals, Fifth Circuit.

March 1, 1973.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, N. L. R. B., Washington, D. C., Walter C. Phillips, Director, Region 10, N. L. R. B., Atlanta, Ga., for petitioner.

Joseph P. Carey, Industrial Relations, Kane-Miller Corp., New York City, for respondent.

Before WISDOM, GODBOLD and RONEY, Circuit Judges.

WISDOM, Circuit Judge:

The NLRB seeks enforcement of its order that the respondent, Sunnyland Refining Co., cease and desist from violating sections 8(a)(5) and 8(a)(1) of the National Labor Relations Act, 29 U.S.C. §§ 158(a)(5) and by refusing to bargain with the certified representative of its employees. The company's sole contention is that the board incorrectly determined the appropriate unit. The case turns on the correctness of the Board's excluding...

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