BANYARD v. N. L. R. B.

Nos. 73-1609, 73-1610.

505 F.2d 342 (1974)

James BANYARD, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, McLean Trucking Company, Intervenor. Clay D. FERGUSON, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided August 14, 1974.


Attorney(s) appearing for the Case

Arthur L. Fox, II, Washington, D.C., with whom Alan B. Morrison, Washington, D.C., was on the brief, for petitioners.

Patrick Hardin, Associate Gen. Counsel, National Labor Relations Board, with whom John S. Irving, Deputy Gen. Counsel, and Elliott Moore, Deputy Associate Gen. Counsel, National Labor Relations Board, were on the brief, for respondent.

Melvin R. Manning, Richmond, Va., for intervenor.

Before WRIGHT, MacKINNON and WILKEY, Circuit Judges.


WILKEY, Circuit Judge:

These consolidated petitions1 for review of orders2 of the National Labor Relations Board call into question the Board's application of its Spielberg3 and Collyer4 doctrines. Because we find the Board has erroneously applied those doctrines in these cases, we remand for further proceedings.

I.

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