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P.S.C. RESOURCES, INC. v. N. L. R. B.

No. 77-1389.

576 F.2d 380 (1978)

P.S.C. RESOURCES, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, First Circuit.

Decided May 12, 1978.

Attorney(s) appearing for the Case

Sanford A. Kowal, Boston, Mass., with whom Sallop, Kowal & Davis, Assoc., Boston, Mass., was on brief, for petitioner.

Wyneva Johnson, Atty., Washington, D. C., with whom Michael S. Winer, 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, Washington, D. C., were on brief, for respondent.

Before CAMPBELL and BOWNES, Circuit Judges, PETTINE, Chief Judge.

PETTINE, Chief District Judge.

Petitioner P.S.C. Resources refines waste oil. During the period relevant to this case, at the Watertown, Massachusetts facility, five drivers under the direction of the manager, John Lee, were responsible for soliciting, purchasing and collecting waste oil that was thereafter shipped to petitioner's refineries. The drivers were paid a weekly salary, regardless of the amount of oil they collected...

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