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CARNATION COMPANY v. N. L. R. B.

No. 23255.

429 F.2d 1130 (1970)

CARNATION COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 12, 1970.

Attorney(s) appearing for the Case

John Bacheller, Jr. (argued), of Fisher & Phillips, Atlanta, Ga., for petitioner.

Herman Levy (argued), Asst. Gen. Counsel, Washington, D. C., Samuel Slaff, Counsel, N. L. R. B., Phoenix, Ariz., Charles M. Henderson, Regional Director, N. L. R. B., Albuquerque, N. M., for respondent.

Before HAMLEY and ELY, Circuit Judges, and GOODWIN, District Judge.

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...

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