National Labor Relations Board v. L. B. Foster Company
This text of 477 F.2d 565 (National Labor Relations Board v. L. B. Foster Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Pursuant to section 10(e) of the National Labor Relations Act of 1947, 29 U.S.C. § 160(e) (1971), the National Labor Relations Board seeks enforcement of an order compelling L. B. Foster Company to bargain with Shopman’s Local Union No. 694, which was certified as the bargaining representative of certain employees. In the election there were 10 votes cast for the Union and 8 votes against the Union. At issue on appeal is the validity of the Board’s determination that five employees were ineligible to vote because they were supervisors within the meaning of section 2(11), 29 U.S.C. § 152(11) (1971). The facts of this case are similar to National Labor Relations Board v. Houston Natural Gas Corporation, 5 Cir., 1973, 478 F.2d 467, where the Board expressed an opposite view and we agreed that the employees were not supervisors. Finding the present case indistinguishable from Houston Gas, we conclude that the employees were not supervisors and therefore their votes should have been counted.
Enforcement denied.
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Cite This Page — Counsel Stack
477 F.2d 565, 83 L.R.R.M. (BNA) 2412, 1973 U.S. App. LEXIS 9656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-labor-relations-board-v-l-b-foster-company-ca5-1973.