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N. L. R. B. v. HARMON INDUSTRIES, INC.

No. 77-1095.

565 F.2d 1047 (1977)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. HARMON INDUSTRIES, INC., Respondent.

United States Court of Appeals, Eighth Circuit.

Decided November 22, 1977.

Attorney(s) appearing for the Case

Dorothy L. Moore, Washington, D. C., argued, and Jay E. Shanklin, Atty., John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel and Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Washington, D. C., on brief, for petitioner, N. L. R. B.

Gordon E. Jackson (argued), W. Kerby Bowling, and Michael R. Forman, Memphis, Tenn., on brief, for respondent, Harmon Industries.

Before LAY and ROSS, Circuit Judges, and LARSON, Senior United States District Judge.

ROSS, Circuit Judge.

In this case the National Labor Relations Board seeks enforcement of its order against Harmon Industries, Inc. pursuant to § 10(e) of the National Labor Relations Act. The sole contested issue is whether substantial evidence on the record as a whole supports the conclusion of the Board and the Administrative Law Judge that a Harmon Industries employee, Dale E. Cox, was not a supervisor as defined by § 2(11) of the Act.

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