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GAF CORP. v. N.L.R.B.

No. 75-2561 Summary Calendar.

524 F.2d 492 (1975)

GAF CORPORATION, Petitioner-Cross Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross Petitioner.

United States Court of Appeals, Fifth Circuit.

December 11, 1975.

Attorney(s) appearing for the Case

Harry L. Browne, Stanley E. Craven, Kansas City, Mo., for petitioner.

Elliott L. Moore, Deputy Assoc. Gen. Counsel, N. L. R. B., Washington, D. C., Clifford Potter, Regional Director, Region 23, N. L. R. B., Houston, Tex., for respondent.

Before COLEMAN, AINSWORTH and SIMPSON, Circuit Judges.

AINSWORTH, Circuit Judge:

This case adds another wrinkle to what has been termed "the aging but nevertheless persistently vexing problem of whether or not an employee is a supervisor" under section 2(11) of the National Labor Relations Act, 29 U.S.C. § 152(11). NLRB v. Security Guard Service, Inc., 5 Cir., 1967, 384 F.2d 143, 145 (Goldberg, J.). Here the sole issue is whether temporary service as a foreman brings a rank...

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