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HENDRICKS COUNTY RURAL ELEC., ETC. v. N. L. R. B.

No. 80-1283.

627 F.2d 766 (1980)

HENDRICKS COUNTY RURAL ELECTRIC MEMBERSHIP CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Seventh Circuit.

July 21, 1980.

Attorney(s) appearing for the Case

Warren D. Krebs, Parr, Richey, Obremskey & Morton, Lebanon, Ind., for petitioner.

Richard Michael Fischl, N.L.R.B., Washington, D. C., for respondent.

Before SPRECHER and CUDAHY, Circuit Judges, and CAMPBELL, Senior District Judge.

SPRECHER, Circuit Judge.

This review causes us to examine again the questions (1) what standard is to be applied to determine a confidential employee excluded under the National Labor Relations Act, 29 U.S.C. §§ 151 et seq., and (2) whether the Board's finding that an employee was not a confidential employee is supported by substantial evidence on the record considered as a whole. See 29 U.S.C. § 160(e).

I

On July 17, 1978,...

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