Court of Appeals for the Ninth Circuit March 23, 1977, 75-3688 (Arthur N. Stephenson v. National Labor Relations Board)

KUNZIG, Judge,*

dissenting:

I respectfully dissent from the conclusion of the majority. Despite oral argument by Government counsel which was of little or no assistance in this important matter, I am persuaded that the decision here should be in favor of the National Labor Relations Board (NLRB).

The majority places its reliance on Ban-yard v. NLRB, 164 U.S.App.D.C. 235, 505 F.