NATIONAL LABOR RELATIONS BOARD v. EPPERSON

No. 73-1583.

491 F.2d 1390 (1974)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. Floyd EPPERSON and United Dairy Farmers, Inc., Respondents.

United States Court of Appeals, Sixth Circuit.

Decided March 12, 1974.


Attorney(s) appearing for the Case

Peter G. Nash, Gen. Counsel, John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Elliott Moore, Asst. Gen. Counsel, John D. Burgoyne, Russell H. Gardner, Attys., National Labor Relations Board, Washington, D.C., on brief, for petitioner.

Richard D. Siegel, Keating, Muething & Klekamp, Cincinnati, Ohio, on brief, for Respondent, United Dairy Farmers, Inc.

Charles A. Atwood, Frost & Jacobs, Cincinnati, Ohio, for Floyd Epperson.

Before EDWARDS, MILLER and ENGEL, Circuit Judges.


ORDER

This is an application by the National Labor Relations Board for enforcement of its order finding that Floyd Epperson and United Dairy Farmers, Inc. were joint employers of Epperson's drivers and jointly and severally liable for violating Section 8(a)(1) of the Act by discharging employees Archie Ball, Bob Rumpke, Charles Dorsel and Tom Thomas for engaging in protected, concerted activities. The two issues on appeal are whether the Board's finding of joint...

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