Legal Opinion

Carnation Company v. National Labor Relations Board

Court of Appeals for the Ninth Circuit

Decided August 12, 1970No. 23255PublishedCited by 37 opinions

1Opinion of the Court

ALFRED T. GOODWIN, District Judge.

The Carnation Company petitions to set aside a decision and order of the National Labor Relations Board, which found that certain dairy route salesmen were employees rather than independent contractors. 172 N.L.R.B. No. 215, 61 L.R.R.M. 1127 (1968).

Carnation processes and distributes dairy products in interstate commerce. This controversy arose in Phoenix, Arizona, where Carnation was a party to a collective-bargaining agreement with Local No. 274 of the International Brotherhood of Teamsters, Chauffeurs, Ware-housemen and Helpers.

On August 1, 1966, two…

2Cases cited17 opinions

  1. Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
  2. United States v. SilkSupreme Court of the United States · 1947
  3. J. I. Case Co. v. National Labor Relations BoardSupreme Court of the United States · 1944
  4. National Labor Relations Board v. United Insurance Co. of AmericaSupreme Court of the United States · 1968
  5. National Labor Relations Board v. Metropolitan Life InsuranceSupreme Court of the United States · 1965

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3Cited by37 opinions

  1. Carpenter Sprinkler Corporation v. National Labor Relations BoardCourt of Appeals for the Second Circuit · 1979
  2. North American Van Lines, Inc. v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1989
  3. Local 777, Democratic Union Organizing Committee, Seafarers International Union of North America, Afl-Cio v. National Labor Relations Board, Yellow Cab Company and Checker Taxi Company, Inc. v. National Labor Relations Board, Local 777, Democratic Union, Etc., IntervenorCourt of Appeals for the D.C. Circuit · 1979
  4. Yellow Taxi Company of Minneapolis, D/B/A Suburban Yellow Taxi Company v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1983
  5. Local 777, Democratic Union Organizing Committee v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1978

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