National Labor Relations Board v. Sunnyland Refining Company, a Wholly Owned Subsidiary of Kane-Miller Corporation

WISDOM, Circuit Judge:

The NLRB seeks enforcement of its order that the respondent, Sunnyland Refining Co., cease and desist from violating sections 8(a)(5) and 8(a)(1) of the National Labor Relations Act, 29 U.S.C. §§ 158(a)(5) and by refusing to bargain with the certified representative of its employees. The company’s sole contention is that the board incorrectly determined the appropriate unit. The case turns on the correctness of the Board’s excluding certain dual function employees from the unit. See Berea Publishing Co., 1963, 140 N.L.R.B. 516. We grant enforcement.

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Sunnyland Refining…