331 U.S. 704 (1947) Cited 541 times 17 Legal Analyses
Holding that truck drivers who owned their own trucks and hired their own helpers were "small businessmen" who were properly classified as independent contractors
321 U.S. 702 (1944) Cited 252 times 1 Legal Analyses
Recognizing the legitimacy of the Board's view that the unlawful refusal to bargain collectively with employees' chosen representative disrupts employee morale, deters organizational activities, and discourages membership in unions.
In N.L.R.B. v. Nu-Car Carriers, Inc., 189 F.2d 756 (3rd Cir. 1951), cert. den., 342 U.S. 919, 72 S.Ct. 367, 96 L.Ed. 687 (1952), workers who leased tractors from a corporation were held to be employees, on the grounds that express contractual provisions placing the workers under the direction and supervision of the corporation were enforced by supervisors who checked up on the quality of their driving, discharged, and at times assigned routes to the workers.
In United Insurance Co. of America v. N.L.R.B., 7 Cir., 304 F.2d 86, the Board determined that licensed debit agents, who served United in Pennsylvania, were employees of that Company. The Court held that the agents were not employees, saying (page 91 of 304 F.2d): "In the instant case, United has chosen to operate its business on the basis that its agents are independent contractors and, of course, it had the complete legal right so to do."