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Nlrb v. United Ins. Co. Of America, 390 U.S. 254 (1968)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Nlrb v. United Ins. Co. Of America, 390 U.S. 254 (1968)
National Labor Relations Board v. United Insurance Co. of America No. 178 Argued January 23-24, 1968 Decided March 6, 1968 * 390 U.S. 254
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SEVENTH CIRCUIT
Syllabus
Petitioner insurance workers union seeks to represent respondent insurance company’s "debit agents." The company refused to recognize the union, claiming that the agents were independent contractors, rather than employees. The National Labor Relations Board (NLRB), in the ensuing unfair labor practice proceeding, determined under the common law of agency that the agents were employees. It found that the agents do not operate their own independent businesses, but perform functions that are an essential part of the company’s normal operations; are trained by company supervisory personnel; do business in the company’s name and ordinarily sell only the company’s policies; operate under terms and conditions established and changed unilaterally by the company; account for funds under strict company procedures; receive the benefit of the company’s vacation plan and group insurance and pension fund, and have a permanent working arrangement under which they may continue with the company as long as their performance is satisfactory. The Court of Appeals refused to enforce the NLRB’s order.
Held: The NLRB’s determination that the agents were company employees, and not independent contractors, represented a choice between two fairly conflicting views, and its order should have been enforced by the Court of Appeals. Pp. 256-260.
371 F.2d 316, reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Nlrb v. United Ins. Co. Of America, 390 U.S. 254 (1968) in 390 U.S. 254 390 U.S. 255. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=2UAG3XA9GZ8XMSB.
MLA: U.S. Supreme Court. "Syllabus." Nlrb v. United Ins. Co. Of America, 390 U.S. 254 (1968), in 390 U.S. 254, page 390 U.S. 255. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=2UAG3XA9GZ8XMSB.
Harvard: U.S. Supreme Court, 'Syllabus' in Nlrb v. United Ins. Co. Of America, 390 U.S. 254 (1968). cited in 1968, 390 U.S. 254, pp.390 U.S. 255. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=2UAG3XA9GZ8XMSB.
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