National Labor Relations Board v. United Charter Service

73 F.3d 369 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. UNITED CHARTER SERVICE, Respondent. No. 95-70379. United States Court of Appeals, Ninth Circuit. Submitted Dec. 4, 1995. Decided Dec. 21, 1995. Before: BROWNING, CANBY, and HALL, Circuit Judges. 1 MEMORANDUM * 2 The National Labor Relations Board applies for enforcement of an Order issued against United Charter based on a finding that United Charter violated Sections 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. 158(a)(1) and (5). We enforce the Board's Order. I. 3 The Board's finding that Gary Lipsie was not a supervisor is supported by substantial evidence. Lipsie did not hire, transfer, suspend, layoff, fire, or discipline other employees. See 29 U.S.C. 152(11) (defining supervisor). Lipsie spent the vast majority of his time doing mechanical work. He divided and prioritized work to be done, but the process was routine--the work was prioritized and…