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N. L. R. B. v. APOLLO TIRE CO., INC.

No. 78-3173.

604 F.2d 1180 (1979)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. APOLLO TIRE CO., INC., Respondent.

United States Court of Appeals, Ninth Circuit.

August 14, 1979.

Attorney(s) appearing for the Case

Elliott Moore, Patricia C. Matthews, NLRB, Washington, D.C., for petitioner.

Norman H. Kirshman, Kirshman & Rich, David L. Cohen, Kirshman & Rich, Marina Del Rey, Cal., for respondent.

Before WRIGHT and KENNEDY, Circuit Judges, and HALL, District Judge.

EUGENE A. WRIGHT, Circuit Judge.

The issue is whether the National Labor Relations Board (the Board) erred in excluding evidence that the employees charging unfair labor practices by respondent Apollo Tire Co., Inc. (the company) are undocumented aliens not entitled to work and reside in the United States. We hold that employed aliens, regardless of whether or not they have working papers, are "employees" as defined in Section 2(3) of the National Labor Relations...

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