N. L. R. B. v. KEYSTONE FLOORS INC.

No. 13669.

306 F.2d 560 (1962)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. KEYSTONE FLOORS INC., d/b/a Keystone Universal Carpet Co., Respondent.

United States Court of Appeals Third Circuit.

Decided July 10, 1962.


Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Washington, D. C. (Stuart Rothman, General Counsel, Dominick L. Manoli, Associate General Counsel, Samuel M. Singer, Julius G. Getman, Attys., National Labor Relations Board, on the brief), for petitioner.

Allen H. Berkman, Pittsburgh, Pa. (David Glick, Glick, Berkman & Engel, Pittsburgh, Pa., on the brief), for respondent.

Before GOODRICH, KALODNER and GANEY, Circuit Judges.


KALODNER, Circuit Judge.

Two points are presented by this petition for enforcement of an order of the National Labor Relations Board ("Board"):1

First: were respondent's salesmen its employees or independent contractors;

Second: did the evidence sustain the Board's findings that respondent engaged in unfair labor practices in violation of Section 8 of the National Labor Relations Act, as amended.2

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