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HI-CRAFT CLOTHING CO. v. N.L.R.B.

No. 80-2595.

660 F.2d 910 (1981)

HI-CRAFT CLOTHING CO., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Third Circuit.

Decided October 1, 1981.

Attorney(s) appearing for the Case

Frank H. Gelman (argued), Mesirov, Gelman, Jaffe, Cramer & Jamieson, Philadelphia, Pa., for petitioner; Stephen A. Bokat, Washington, D. C., of counsel.

William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Christine Weiner (argued), N.L.R.B., Washington, D. C., for respondent.

Stephen E. Tallent, William J. Kilberg, Washington, D.C. (argued), Dennis A. Gladwell, Mark Wm. Shurtleff, Newport Beach, Cal., Gibson, Dunn & Crutcher, Washington, D. C., for the Chamber of Commerce, amicus curiae.

Before ALDISERT and WEIS, Circuit Judges, and RE, Chief Judge.

OPINION OF THE COURT

WEIS, Circuit Judge.

The National Labor Relations Board ordered reinstatement of a supervisor who had been discharged because of his threat to institute Board action against his employer. Despite the fact that the National Labor Relations Act excludes supervisors from its ambit, the Board contends that enforcement of the right of access to its procedures justifies an expansive interpretation of its authority. We reject that statutory...

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