on its face define who can sue under the statute, it does clearly define who can be sued. A plaintiff may bring a Title VII action against any “employer,” defined as “a person engaged in an industry affecting commerce who has fifteen or more employees____” 42 U.S.C. § 2000e(b). It is undisputed that Palmetto does not employ fifteen employees. Llampallas, however, argued at trial that Mini-Circuits and Palmetto should be considered as a “single employer” under Title VII such that the employees of both companies count toward the fifteen-employee jurisdictional requirement. The district court agreed, applying the four-part test developed in Radio and Television Broadcast Technicians Local Union 1264 v. Broadcast Service of Mobile, Inc., 380 U.S. 255, 85 S.Ct. 876, 13 L.Ed.2d 789 (1965) (<HOLDING>), to hold that Mini-Circuits and Palmetto were
holding that a district court may have jurisdiction over action taken by the national labor relations board despite an express statutory finality provision when the agency has acted in excess of its delegated powers and contrary to a specific prohibition in the national labor relations act holding that the but for test applied in a mixed motive case under the national labor relations act holding that although a union may waive a members substantive statutory right under the national labor relations act to be free from having a private employer discourage membership in any labor organization such waiver did not occur because such waiver must be established clearly and unmistakably holding ports authority was not an employer subject to the jurisdiction of the national labor relations board holding that two entities were a single employer and therefore that their gross receipts could be totaled together to establish jurisdiction under the national labor relations act