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N. L. R. B. v. DICK SEIDLER ENTERPRISES

Nos. 81-7265, 81-7475.

666 F.2d 383 (1982)

NATIONAL LABOR RELATIONS BOARD, Petitioner-Cross-Respondent, v. DICK SEIDLER ENTERPRISES, dba Joe & Dodie's Tavern, Respondent-Cross-Petitioner.

United States Court of Appeals, Ninth Circuit.

Decided January 22, 1982.

Attorney(s) appearing for the Case

Paul Ehrich Bateman, N. L. R. B., Washington, D. C., for petitioner-cross-respondent; Kenneth B. Hipp, N. L. R. B., Washington, D. C., on brief.

E. A. Hubbert, Jr., Jacinto, Menebroker & Hubbert, Sacramento, Cal., for respondent-cross-petitioner.

Before KENNEDY and BOOCHEVER, Circuit Judges, and EAST, Senior District Judge.

EAST, Senior District Judge:

The National Labor Relations Board (Board) found that Dick Seidler Enterprises (Company) violated the National Labor Relations Act of 1947 (Act), § 8(a)(1) and (3), 29 U.S.C. § 158(a)(1) and (3), by firing Donald Sproull for union activities. The main issue before the Board was whether Sproull, a head bartender, was a supervisor under § 2(11) of the Act. The Board found that Sproull was an employee of the Company, not a...

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