The Riverside Press, Inc. v. National Labor Relations Board

GODBOLD, Circuit Judge,

(dissenting) :

I differ with the majority on two grounds. In my opinion they employ an *286erroneous standard of review when they take only a “cursory look” at the record as a whole. And, when the record is scrutinized under the appropriate standard of review, it does not support enforcement of the Board order.

I concur with my brothers that, although the employer adequately preserved the supervisory issue during each step of the agency proceedings,1 it failed to assert that question in brief or oral argument on its petition to review pursuant to § 10(f).1A Moreover, I agree…