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PUBLIC SERVICE CO. OF COLORADO v. N.L.R.B.

Nos. 03-9609, 03-9615.

405 F.3d 1071 (2005)

PUBLIC SERVICE COMPANY OF COLORADO, Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner, International Brotherhood of Electrical Workers, Local 111, Intervenor.

United States Court of Appeals, Tenth Circuit.

April 26, 2005.

Attorney(s) appearing for the Case

Kevin W. Hecht (David M. Jaffe, with him on the brief), of White and Steele, P.C., Denver, CO, for Petitioner-Cross-Respondent.

Kathleen E. Lyon, Attorney (Fred L. Cornnell, Supervisory Attorney, Arthur F. Rosenfeld, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, with her on the brief), National Labor Relations Board, Washington, D.C., for Respondent-Cross-Petitioner.

Joseph M. Goldhammer (Ellen M. Kelman, with him on the brief), of Brauer, Buescher, Goldhammer, Kelman & Dodge, P.C., Denver, CO, for Intervenor.

Before BRISCOE, HARTZ, and McCONNELL, Circuit Judges.

HARTZ, Circuit Judge.

This appeal concerns whether three revenue-protection workers of the Public Service Company of Colorado ("PSC") are "supervisors" under § 2(11) of the National Labor Relations Act ("NLRA" or "Act"), 29 U.S.C. § 152(11). After the International Brotherhood of Electrical Workers, Local 111 ("Union") filed a petition seeking an election to determine whether the three workers desired representation by the Union, a hearing officer of the...

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