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PAC TELL GROUP, INC. v. N.L.R.B.

Nos. 15-1111, 15-1186.

817 F.3d 85 (2015)

PAC TELL GROUP, INC., d/b/a U.S. Fibers, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied-Industrial and Service Workers International Union, Local 7898, Intervenor. National Labor Relations Board, Petitioner, v. Pac Tell Group, Inc., d/b/a U.S. Fibers, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: December 23, 2015.

Amended: March 15, 2016.

Attorney(s) appearing for the Case

ARGUED: Reyburn Williams Lominack, III , Fisher & Phillips LLP, Columbia, SC, for Petitioner/Cross-Respondent. Julie Brock Broido , National Labor Relations Board, Washington, D.C., for Respondent/Cross-Petitioner. Mariana Padias , United Steelworkers Union, Pittsburgh, Pennsylvania, for Intervenor. ON BRIEF: Michael D. Carrouth , Jonathan P. Pearson , Fisher & Phillips LLP, Columbia, SC, for Petitioner/Cross-Respondent. Richard F. Griffin, Jr. , General Counsel, Jennifer Abruzzo , Deputy General Counsel, John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, Michael Randall Hickson , Attorney, National Labor Relations Board, Washington, D.C., for Respondent/Cross-Petitioner.

Petition for review denied; cross-application for enforcement granted by published opinion. Judge KEENAN wrote the opinion, in which Judge WYNN and Judge DIAZ joined.

In this appeal, we consider the National Labor Relations Board's (the Board) determination that four individuals employed by U.S. Fibers, who were engaged in pro-union activity before a union election, were not supervisors within the meaning of the National Labor Relations Act, 29 U.S.C. § 152(11) (the...

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