L'Eggs Products, Incorporated v. National Labor Relations Board
Opinion
Opinion
Duniway, J.
L’Eggs Products, Incorporated petitions for review of an order of the National Labor Relations Board, and the Board cross-petitions for enforcement of its order. The Board adopted the findings, conclusions and proposed order of its Administrative Law Judge. The decision is reported at 236 N.L. R.B. 354 (1978). We set aside the order in part, affirm it in part, and remand to the Board for further proceedings. We also deny, but refer to the Board on remand, L’Eggs’ motion for leave to adduce additional evidence before this court.
I. Background Facts.
L’Eggs is a manufacturer and distributor of women’s hosiery. Its products are distinctively packaged and are displayed in such stores as supermarkets and superdrug-stores in unique racks which it calls “boutiques.” The packaging, the racks, and advertising sell the product. The business of monitoring and replacing stock in the racks and keeping them neat and clean, so that they will attract customers, is conducted by route sales representatives (RSRs) employed by L’Eggs. They are provided with vans and uniforms, and work under the supervision of Area Managers.