National Labor Relations Board v. Town & Country Electric, Inc., and Ameristaff Personnel Contractors, LTD. (516 U.S. 85)
U.S. Supreme Court · decided November 28, 1995 · Supreme Court Database (Spaeth)
- Citation
- 516 U.S. 85 · 116 S. Ct. 450
- Decided
- November 28, 1995
- Term
- October Term 1995
- Vote
- 9–0
- Majority author
- Justice Breyer
- Issue area
- Unions
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice Breyer delivered the opinion of the Court. Can a worker be a company’s “employee,” within the terms of the National Labor Relations Act, 29 U. S. C. § 151 et seq., if, at the same time, a union pays that worker to help the union organize the company? We agree with the National Labor Relations Board that the answer is “yes.” I The relevant background is the following: Town & Country Electric, Inc., a nonunion electrical contractor, wanted to hire several licensed Minnesota electricians for construction work in Minnesota. Town & Country (through an employment agency) advertised for job applicants, but it refused to interview 10 of 11 union applicants (including two professional union staff) who responded to the advertisement. Its employment agency hired the one union applicant whom Town & Country interviewed, but he was dismissed after only a few days on the job. The members of the International Brotherhood of Electrical Workers, Locals 292 and 343 (Union), filed a complaint with the National Labor Relations Board claiming that Town & Country and the employment agency had refused to interview (or retain) them because of their union membership. See National Labor Relations Act (Act) §§ 8(a)(1) and (3), 49 Stat. 452, as amended, 29 U. S. C. §§ 158(a)(1) and (3) (1988 ed.). An Administrative Law Judge ruled in favor of the Union members, and the Board affirmed that ruling.…
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