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EMPRESS CASINO JOLIET CORP. v. N.I.R.B.

Nos. 99-1990, 99-2440.

204 F.3d 719 (2000)

EMPRESS CASINO JOLIET CORPORATION, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner, and American Maritime Officers, Intervenor-Respondent.

United States Court of Appeals, Seventh Circuit.

Decided February 24, 2000

Attorney(s) appearing for the Case

Scott V. Kamins (argued), Krupin, Greenbaum & O'Brien, Washington, DC, for Empress Casino Joliet Corp.

Fred I. Feinstein, N.L.R.B., Contempt Litigation Branch, Washington, DC, Rachel Gartner (argued), N.L.R.B., Appellate Court, Enforcement Litigation, Washington, DC, Debra L. Stefanik, N.L.R.B., Region 33, Peoria, IL, for N.L.R.B in No. 99-1990.

Joel Glanstein (argued), O'Donnell, Shwartz, Glanstein & Rosen, New York, NY, for American Maritime Officers.

Rachel Gartner (argued), N.L.R.B., Appellate Court, Enforcement Litigation, Washington, DC, Glenn A. Zipp, N.L.R.B., Region 33, Peoria, IL, Aileen Armstrong, N.L.R.B., Office of the General Counsel, Washington, DC, for N.L.R.B. in No. 99-2440.

Before POSNER, Chief Judge, and ROVNER and DIANE P. WOOD, Circuit Judges.

POSNER, Chief Judge.

We are asked to review a decision by the Labor Board which holds rather surprisingly that none of the captains, first mates, or chief engineers of riverboat gambling casinos is a supervisor within the meaning of the National Labor Relations Act, 29 U.S.C. § 152(11); NLRB v. Health Care & Retirement Corp. of America, 511 U.S. 571, 114 S.Ct. 1778, 128 L.Ed.2d 586 (1994), and all therefore are entitled...

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