National Labor Relations Board v. Chevron, U.S.A., Inc.

28 F.3d 107 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. CHEVRON, U.S.A., INC., Respondent. No. 92-70844. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 17, 1994. Decided June 23, 1994. Before: D.W. NELSON, BOOCHEVER, and BEEZER, Circuit Judges. 1 MEMORANDUM * 2 Pursuant to Sec. 10(e) of the National Labor Relations Act ("Act"), 29 U.S.C. Sec. 160 (e), the National Labor Relations Board ("Board") has applied to this court seeking enforcement of its order that Chevron U.S.A., Inc. ("Company") recognize and bargain collectively with the Sailor's Union of the Pacific, AFL-CIO ("Union") as the exclusive representative of the captains of the Company's tugboats operating in San Francisco Bay and its tributaries. The Company argues that it should not be required to bargain with the captains because they are "supervisors" within the meaning of Sec. 2(11) of the Act, 29 U.S.C. Sec. 152 (11). We have…