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CONSTRUCTION, BUILDING MATERIAL, ICE & COAL DRIVERS, HELPERS AND INSIDE EMPLOYEES UNION, LOCAL NO. 221 v. N.L.R.B.

Nos. 88-1629, 88-1722.

899 F.2d 1238 (1990)

CONSTRUCTION, BUILDING MATERIAL, ICE & COAL DRIVERS, HELPERS AND INSIDE EMPLOYEES UNION, LOCAL NO. 221, et al., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Associated General Contractors of Minnesota, Intervenor. NATIONAL LABOR RELATIONS BOARD, Petitioners, v. ASSOCIATED GENERAL CONTRACTORS OF MINNESOTA, Respondent, Construction, Building Material, Ice & Coal Drivers, Helpers and Inside Employees Union, Local No. 221, et al., Park Construction Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 30, 1990.

Attorney(s) appearing for the Case

Stephen D. Gordon, Minneapolis, Minn., for petitioners.

Fred L. Cornnell, Jr., Atty., N.L.R.B., with whom Aileen A. Armstrong, Deputy Associate General Counsel, N.L.R.B., was on the brief, for respondent. William R. Stewart, Atty., N.L.R.B., Washington, D.C., also entered an appearance, for respondent.

A. Patrick Leighton, St. Paul, Minn., was on the brief, for intervenor.

Before RUTH BADER GINSBURG, D.H. GINSBURG, and SENTELLE, Circuit Judges.

Opinion for the court filed by Circuit Judge RUTH BADER GINSBURG.

RUTH BADER GINSBURG, Circuit Judge:

This case concerns the National Labor Relation Board's (NLRB or Board) classification of certain truck owner-drivers as "independent contractors," not "employees," within the meaning of section 2(3) of the National Labor Relations Act (Act), 29 U.S.C. § 152(3) (defining "employee" to "include any employee" but to exclude "any individual having the status...

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