National Labor Relations Board v. Nu-Car Carriers

The National Labor Relations Board brings this action for a decree enforcing its cease and desist and reinstatement order against respondent. The Board found that respondent violated Sections 8(a)(1) and 8(a)(3) of the Labor Management Relations Act of 1947, 29 U.S.C. § 158 (Supp. 1950), by interfering with concerted activities of its employees, and particularly in discharging one of them. Jurisdiction is undisputed. The substantial issue in the case is whether respondents drivers are "employees" within the meaning of the Act. Unless they are, the provisions concerning unfair labor practices are irrelevant to this case, for by its very terms the 1947 Statute excludes from its operation "any individual having the status of an independent contractor." 29 U.S.C. § 152(3) (Supp. 1950).