National Labor Relations Board v. Chinatown Planning Council, Inc.

OAKES, Chief Judge:

This case involves the issue whether the National Labor Relations Board (“the Board”) reasonably determined that Young Shi Lee was an employee within the meaning of the National Labor Relations Act (“the Act”), 29 U.S.C § 152(3). The Board is petitioning this court for enforcement of its order, dated September 13, 1988, directing the Chinatown Planning Council, Inc. (“CPC”) to cease and desist from unfair labor practices and to reinstate Young, whose discharge was predicated on his concerted, protected activities.

The undisputed facts are as follows. CPC is a not-for-profit…