SERVICE EMP. INTERN. U., ETC. v. N. L. R. B.

Nos. 77-1165, 77-1630.

600 F.2d 930 (1979)

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 250, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, E. H. Limited, d/b/a Earringhouse Imports, Intervenor. E. H. LIMITED, d/b/a Earringhouse Imports, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Service Employees International Union, Local 250, AFL-CIO, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 25, 1979.

Rehearing Denied May 31, 1979.


Attorney(s) appearing for the Case

David A. Rosenfeld, San Francisco, Cal., for petitioner in No. 77-1165 and intervenor in No. 77-1630.

Robert V. Magor, San Francisco, Cal., for petitioner in No. 77-1630 and intervenor in No. 77-1165.

Allison W. Brown, Jr., Deputy Asst. Gen. Counsel, N. L. R. B., Washington, D. C., with whom John S. Irving, Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, and Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Washington, D. C., were on the brief, for respondent.

Claud L. McIver, III, Atlanta, Ga., was on the brief for amicus curiae Florida Mining & Materials Corp., urging that the decision of the N. L. R. B. be overruled.

Before WRIGHT, Chief Judge, MacKINNON, Circuit Judge, and HOFFMAN, Senior District Judge.


Opinion for the court filed by Senior District Judge WALTER E. HOFFMAN.

Concurring opinion filed by Circuit Judge MacKINNON.

Dissenting opinion filed by Chief Judge J. SKELLY WRIGHT.

WALTER E. HOFFMAN, Senior District Judge:

Because "working time is for work,"1 we are here concerned with the issue of an employer discharging thirteen employees (essentially the entire production...

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