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STOP & SHOP COMPANIES, INC., ETC. v. N.L.R.B.

No. 76-1313.

548 F.2d 17 (1977)

The STOP & SHOP COMPANIES, INC., MEDI MART DIVISION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and United Pharmacists Guild Local 100, Chartered By Retail Clerks International Association, AFL-CIO, Intervenor.

United States Court of Appeals, First Circuit.

Decided January 20, 1977.

Attorney(s) appearing for the Case

Allan A. Tepper, Boston, Mass., with whom Snyder, Tepper & Berlin, Boston, Mass., was on brief, for petitioner.

Ruth E. Peters, Atty., Washington, D.C., with whom John S. Irving, Jr., Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel and Elliott Moore, Deputy Associate Gen. Counsel, Washington, D.C., were on brief, for respondent.

Robert F. O'Brien and Tomar, Parks, Seliger, Simonoff & Adourian, Camden, N. J., on brief for intervenor.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.

ALDRICH, Senior Circuit Judge.

Once again we are asked to reverse a National Labor Relations Board finding that certain employees are not supervisors and therefore may be included within a bargaining unit.1 We have repeatedly held this to be a question of fact for the Board, e.g., NLRB v. Magnesium Casting Co., 1 Cir., 1970, 427 F.2d 114, aff'd 401 U.S. 137

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