Opinion

National Labor Relations Board v. Southern Seating Company, Nu Products Division

  • 468 F.2d 1345
  • 81 L.R.R.M. (BNA) 2647
  • 1972 U.S. App. LEXIS 6782
Court
Court of Appeals for the Fourth Circuit
Filed
Nov 9, 1972
Status
Published
Author
Craven
On the bench
Boreman, Craven, Blatt
Cited by
10 cases
Authority
More cited than 25.0%

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 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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