Legal Opinion
Robert H. Mourning v. National Labor Relations Board, McDonnell Douglas Corporation, Intervenor
Court of Appeals for the D.C. Circuit
Decided May 13, 1977No. 75-2248PublishedCited by 11 opinions
1Opinion of the Court
Opinion Per Curiam.
Dissenting Opinion by Circuit Judge MacKINNON.
2Per curiam
The issue on this appeal is whether petitioner Mourning, during the period preceding his dismissal, was an “employee” protected by the National Labor Relations Act or was a “supervisor” outside the Act’s protection.1
Petitioner appeals from the NLRB’s affirmance of “the rulings, findings and conclusions of the Administrative Law Judge and . . . [the adoption of] his recommended Order.” That Order dismissed petitioner’s Section 8(a)(1) and (a)(3) complaint, relying on a 1973 trilogy of Board cases (207 N.L.R.B. Nos. 90, 91, 92)…
3Cases cited8 opinions
- Robert I. Powell v. Eugene M. ZuckertCourt of Appeals for the D.C. Circuit · 1966
- Kerr Steamship Co. v. United StatesSupreme Court of the United States · 1962
- National Labor Relations Board v. Security Guard Service, Inc.Court of Appeals for the Fifth Circuit · 1967
- Illinois State Journal-Register, Inc. v. National Labor Relations BoardCourt of Appeals for the Seventh Circuit · 1969
- Retail Clerks International Association, Afl-Cio, and Retail Clerks International Association, Local 880, Afl-Cio v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1966
3 more not listed; retrieve them via the Exa API.
4Cited by11 opinions
- Cooper/t. Smith, Inc., Crescent Towing Co., Inc., Petitioners-Cross-Respondents v. National Labor Relations Board, Respondent-Cross-PetitionerCourt of Appeals for the Eleventh Circuit · 1999
- Enterprise Leasing Co. v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 2016
- McDonnell Douglas Corporation v. National Labor Relations Board, and Robert H. Mourning, IntervenorCourt of Appeals for the Ninth Circuit · 1981
- Gannon v. Baldt Anchor and ChainDistrict Court, E.D. Pennsylvania · 1978
- Burke v. French Equipment Rental, Inc.District Court, C.D. California · 1980
6 more not listed; retrieve them via the Exa API.