Eastern Greyhound Lines v. National Labor Relations Board

OSULLIVAN, C. J. Petitioner, Eastern Greyhound Lines, requests us to review and set aside orders of the National Labor Relations Board determining that Easterns "dispatchers" constitute an appropriate unit of employees for collective bargaining, and finding petitioner guilty of an unfair labor practice in refusing to bargain with the union certified following an election directed by the Board. Eastern Greyhound Lines, 138 NLRB 8 (1962): 143 NLRB No. 71 (1963). The single question involved is whether Easterns dispatchers are "supervisors" within the meaning of Section 2(11) of the National Labor Relations Act, as amended, 29 U.S.C.A. ? 152 (11). If they are. Section 14(a) of the Act, as amended, 29 U.S.C.A. ? 164(a), relieves Eastern of the duty to bargain with a union as their representative. This Court has previously affirmed a District Court order dismissing Easterns action brought to enjoin the election ordered by the Board. Eastern Greyhound Lines v. Fusco, 323 F.2d 477 (CA6, 1963). We there held that Eastern could challenge the finding that its dispatchers were not supervisors only by refusing to bargain with the certified union, and obtaining here a review of an unfair labor practice order based on its refusal. Such review is provided by Sections 9(d) and 10(e) of the Act, 29 U.S.C.A. ?? 159(d), 160(e). Pursuant to such sections, the matter is now before us for decision on the merits. We conclude that Easterns dispatchers are "supervisors" and the Boards contrary finding and order must be set aside and denied enforcement.