CITY CAB CO. OF ORLANDO, INC. v. N. L. R. B.

No. 79-1544.

628 F.2d 261 (1980)

CITY CAB COMPANY OF ORLANDO, INC., et al., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 30, 1980.

Rehearing Denied September 9, 1980.


Attorney(s) appearing for the Case

Harrison C. Thompson, Jr., Tampa, Fla., with whom Robert E. Haythorne, Chicago, Ill., and Thomas M. Gonzalez, Tampa, Fla., were on the brief, for petitioners. A. Byrne Litschgi, Tampa, Fla., also entered an appearance for petitioners.

Richard A. Cohen, Atty., N.L.R.B. of the bar of the Supreme Court of New York pro hac vice by special leave of Court, Washington, D. C., with whom Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D. C., was on the brief, for respondent.

Before McGOWAN and ROBINSON, Circuit Judges, and OBERDORFER, United States District Judge for the District of Columbia.


Opinion for the Court filed by Circuit Judge McGOWAN.

McGOWAN, Circuit Judge:

The National Labor Relations Board (the Board) has ordered petitioner City Cab Co. of Orlando, Florida, to bargain collectively with its taxi drivers.1 The company seeks review of that order, contending that the drivers are not employees, but independent contractors, and therefore not covered by the National...

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