FLORIDA BD. OF BUSINESS REG., ETC. v. N. L. R. B.

No. 80-5905.

686 F.2d 1362 (1982)

FLORIDA BOARD OF BUSINESS REGULATION DEPARTMENT OF BUSINESS REGULATION, DIVISION OF PARI-MUTUEL WAGERING, a state agency, and the State of Florida, Plaintiffs-Appellants, v. NATIONAL LABOR RELATIONS BOARD, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied December 2, 1982.


Attorney(s) appearing for the Case

Daniel C. Brown, Deputy Gen. Counsel, Harold F. X. Purnell, Tallahassee, Fla., for plaintiffs-appellants.

W. Reynolds Allen, Mark E. Levitt, Tampa, Fla., for amicus curiae Volusia Jai-Alai, Inc. & Florida Jai-Alai, Inc.

Margery E. Leiber, Deputy Asst. Gen. Counsel, Sp. Litigation, Ruah Donnelly Lahey, N.L.R.B., Washington, D.C., for defendants-appellees.

Before TJOFLAT, HILL and ANDERSON, Circuit Judges.


Rehearing and Rehearing En Banc Denied December 2, 1982.

TJOFLAT, Circuit Judge:

In two cases of first impression, the National Labor Relations Board (the Board) ordered a representation election in a unit of employees of a privately owned and operated, and state-regulated, pari-mutuel jai alai1 business in Florida.2 In the first case, Volusia Jai Alai, Inc., 221 NLRB 1280 (1975), the unit consisted...

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