N.L.R.B. v. DIXON INDUSTRIES, INC.

No. 81-1032.

700 F.2d 595 (1983)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. DIXON INDUSTRIES, INC., Respondent.

United States Court of Appeals, Tenth Circuit.

February 16, 1983.


Attorney(s) appearing for the Case

Jonathan Saperstein, Washington, D.C. (W. Christian Schumann, Atty., William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, and Elliott Moore, Deputy Associate Gen. Counsel, N.L. R.B., Washington, D.C., with him on brief), for petitioner.

Peter T. Van Dyke of Lytle, Soule, Curlee, Harrington, Chandler & Van Dyke, Oklahoma City, Okl., for respondent.

Before HOLLOWAY and McWILLIAMS, Circuit Judges, and TEMPLAR, District Judge.


McWILLIAMS, Circuit Judge.

Pursuant to section 10(e) of the National Labor Relations Act, as amended, 29 U.S.C. § 151, et seq., the National Labor Relations Board seeks enforcement of its order against Dixon Industries, Inc. The issues to be resolved are whether the Board acted properly (1) in sustaining the Union's election challenges to three company leadmen on the ground that they were supervisors rather than employees, and hence ineligible to vote...

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