noting that the relevant inquiry is whether authority has been delegated not whether it has been exercised
How later courts described this case
- noting that the relevant inquiry is whether authority has been delegated not whether it has been exercised
- distinction between a “supervisor” and an “employee”
- “[t]he determination whether McDaniel was a ‘lead-man,’ ... or a supervisor is a question of fact”
Written by the judges who cited it.
The opinion
CRAVEN, Circuit Judge
(concurring) :
I readily concur, but not on the ground that this case is distinguishable from the credibility problem encountered in NLRB v. Smoky Mountain Stages, 447 F.2d 925 (4th Cir. 1971). I adhere to my belief that Smoky Mountain Stages was wrongly decided for the reasons expressed in my dissenting statement in that case, 447 F.2d at 929 .