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N.L.R.B. v. DYNATRON/BONDO CORP.

No. 92-8295.

992 F.2d 313 (1993)

NATIONAL LABOR RELATIONS BOARD, Petitioner, Cross-Respondent, Amalgamated Clothing and Textile Workers Union, AFL-CIO, Intervenor, v. DYNATRON/BONDO CORPORATION, Respondent, Cross-Petitioner.

United States Court of Appeals, Eleventh Circuit.

May 28, 1993.

Attorney(s) appearing for the Case

Aileen M. Armstrong, N.L.R.B., Charles Donnelly, William S. Franklin, Washington, DC, for petitioner.

Walter O. Lambeth, Jr., Elarbee, Thompson & Trapnell, Atlanta, GA, for respondent.

Robert S. Giolito, Stanford, Fagan & Giolito, David M. Prouty, William S. Richardson, Atlanta, GA, for intervenor.

William S. Richardson, Stanford, Fagan & Giolito, Robert S. Giolito, Atlanta, GA, David M. Provty, New York City, for intervenor Amalgamated Clothing & Textile.

Before TJOFLAT, Chief Judge, BLACK, Circuit Judge, and JOHNSON, Senior Circuit Judge.

PER CURIAM:

The National Labor Relations Board (Board or NLRB) maintains that an employee, whose discharge is the subject of an unfair labor practice proceeding, is entitled to serve as a union representation election observer because he is considered an employee while such proceeding is pending. Kellwood Co., 299 N.L.R.B. 1026, 1029 (1990). In this case, a discharged employee of the Dynatron/Bondo Corporation (Dynatron) served as an election observer after...

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