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N. L. R. B. v. MAINE CATERERS, INC.

No. 80-1778.

654 F.2d 131 (1981)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. MAINE CATERERS, INC., et al., Respondents. Brotherhood of Industrial Caterers, Intervenor.

United States Court of Appeals, First Circuit.

Decided July 16, 1981.

Attorney(s) appearing for the Case

James Y. Callear, Atty., with whom William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel and William Wachter, Atty., Washington, D. C., were on brief, for petitioner.

Amato A. DeLuca, Warwick, R. I., with whom Revens & DeLuca, Ltd., Warwick, R. I., was on brief, for respondents.

Before COFFIN, Chief Judge, CAMPBELL and BREYER, Circuit Judges.

BREYER, Circuit Judge.

The sole issue in this case is whether a group of "driver-salesmen" are employees or independent contractors. The National Labor Relations Board found that they were employees. We agree and enforce the Board's order.

The respondents are two closely related industrial caterers. One of them, Maine Caterers, Inc., makes meals, sandwiches, coffee, and similar items for sale at industrial plants during lunchtime and coffee breaks. The other...

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