Gaf Corporation, Petitioner-Cross v. National Labor Relations Board, Respondent-Cross

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-and-file employee within the ambit of section 2(3) which excludes supervisors from the benefits and protections of the Act.

Petitioner GAF Corporation seeks our review under…