LORENZ SCHNEIDER CO., INC. v. N. L. R. B.

Nos. 289, 290, Dockets 74-1336, 74-1495.

517 F.2d 445 (1975)

LORENZ SCHNEIDER CO., INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Second Circuit.

Decided April 30, 1975.


Attorney(s) appearing for the Case

Marvin Dicker, New York City (Howard L. Ganz, Howard Lichtenstein, Kalman I. Nulman, and Proskauer, Rose Goetz & Mendelsohn, New York City, of counsel), for petitioner.

Peter J. Carre, Washington, D. C., (Peter G. Nash, Gen. Counsel, N. L. R. B., John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, and Robert Sewell, Washington, D. C., of counsel), for respondent.

Before WATERMAN, FRIENDLY and GURFEIN, Circuit Judges.


FRIENDLY, Circuit Judge:

We are again required to review one of the National Labor Relations Board's (NLRB) case-by-case determinations whether the relationship between a business enterprise and other persons is that of employer and employee or falls within the exclusion of "any individual having the status of an independent contractor" which Congress added to § 2(3) of the National Labor Relations Act (NLRA) in the Taft-Hartley Act in reaction to NLRB v. Hearst...

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