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Roadway Package System, Inc.

326 N.L.R.B. 842 (N.L.R.B. 1998)
Roadway Package System, Inc.

12 Cited authorities

  1. Nationwide Mut. Ins. Co. v. Darden

    503 U.S. 318 (1992)   Cited 1,508 times   46 Legal Analyses
    Holding that where the statute does not helpfully define the term "employee," courts should apply its established meaning

  2. Community for Creative Non-Violence v. Reid

    490 U.S. 730 (1989)   Cited 1,169 times   17 Legal Analyses
    Holding that "In determining whether a hired party is an employee under the general common law of agency, we consider the hiring party's right to control the manner and means by which the product is accomplished" and listing several factors relevant to this inquiry

  3. Board v. Hearst Publications

    322 U.S. 111 (1944)   Cited 791 times   8 Legal Analyses
    Determining whether newsboys were independent contractors or employees under the National Labor Relations Act ("NLRA")

  4. Nat'l Labor Relations Bd. v. United Insurance Co. of America

    390 U.S. 254 (1968)   Cited 326 times   12 Legal Analyses
    Holding that "all of the incidents of the relationship must be assessed and weighed with no one factor being decisive"

  5. Nat'l Labor Relations Bd. v. Town & Country Electric, Inc.

    516 U.S. 85 (1995)   Cited 85 times   10 Legal Analyses
    Holding "employee," as defined by the NLRA, "does not exclude paid union organizers"

  6. Local 777, Democratic U. Org. Com v. N.L.R.B

    603 F.2d 862 (D.C. Cir. 1978)   Cited 102 times   1 Legal Analyses
    Finding "any great amount of deference" "inappropriate" "because of the Board's history of vacillation"

  7. C.C. Eastern, Inc. v. Nat'l Labor Relations Bd.

    60 F.3d 855 (D.C. Cir. 1995)   Cited 23 times
    Finding the following facts, among many others, to be indicative of an independent contractor relationship: the employer does not "exercise any control over the drivers' dress or appearance" or "require the tractors to be of any specific type, size, or color"

  8. N.L.R.B. v. Amber Delivery Serv., Inc.

    651 F.2d 57 (1st Cir. 1981)   Cited 26 times
    In Amber and Seven-Up, we found the fact of truck ownership a significant (though not in itself controlling) factor suggesting independent contractor status.

  9. Section 1001 - Congressional findings and declaration of policy

    29 U.S.C. § 1001   Cited 20,751 times   59 Legal Analyses
    Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”

  10. Section 101 - Definitions

    17 U.S.C. § 101   Cited 6,538 times   177 Legal Analyses
    Recognizing the United States' adherence to provisions of the Berne Convention of 1886

  11. Section 152 - Definitions

    29 U.S.C. § 152   Cited 3,211 times   27 Legal Analyses
    Defining a supervisor to include “any individual having authority . . . to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment”

  12. Section 151 - Definitions; short title

    45 U.S.C. § 151   Cited 2,960 times   7 Legal Analyses
    Defining "minor dispute" as disputes "growing out of grievances or out of the interpretation or application of agreements covering rates of pay, rules, or working conditions."