National Labor Relations Board, Petitioner-Cross-Respondent v. Dick Seidler Enterprises, Dba Joe & Dodie's Tavern, Respondent-Cross-Petitioner

The National Labor Relations Board (Board) found that Dick Seidler Enterprises (Company) violated the National Labor Relations Act of 1947 (Act), § 8(a)(1) and (3), 29 U.S.C. § 158 (a)(1) and (3), by firing Donald Sproull for union activities. The main issue before the Board was whether Sproull, a head bartender, was a supervisor under § 2(11) of the Act. The Board found that Sproull was an employee of the Company, not a supervisor, and was, therefore, protected under the Act, and ordered the Company to make full restitution.

The Board petitions for an order enforcing its findings and order. The Company cross-petitions for a review of the findings and order of the Board. We grant the Board’s petition for enforcement and deny the cross-petition for review.

FACTS

Sproull and Rosalee Sullivan were employed by the Company at Joe & Dodie’s Tavern. Sullivan was a waitress and had contacted the Union. Sproull was Sullivan’s fiancee and the head bartender at the tavern. Sproull and Sullivan were fired soon after the union election. The Union filed a complaint alleging that the Company committed an unfair labor practice when it fired Sproull and Sullivan. The Company argued that Sproull…