TIME AUTO TRANSP., INC. v. N.L.R.B.

Nos. 03-1194, 03-1271.

377 F.3d 496 (2004)

TIME AUTO TRANSPORTATION, INC., and Time Auto Transport, L.S., a single employer, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, Sixth Circuit.

Decided and Filed July 23, 2004.


Attorney(s) appearing for the Case

William L. Hooth (argued and briefed), Cox, Hodgman & Giarmarco, Troy, MI, for Petitioners.

Richard A. Cohen (argued and briefed), Sharon I. Block, Aileen A. Armstrong (briefed), National Labor Relations Board, Washington, DC, for Respondent.

James B. Coppess (argued and briefed), AFL-CIO Legal Department, Washington, DC, for Amicus Curiae.

Before MARTIN and SUTTON, Circuit Judges; QUIST, District Judge.


OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Time Auto, as the name is used in this case, refers to Time Auto Transportation, Inc., and Time Auto Transport, L.S., which, the parties agree, together constitute a single employer. Time Auto employed Randy Hill and Ernest Blake, long-haul truck drivers, under separate independent contractor agreements. Time Auto concedes that it terminated their contracts based on Hill's and Blake's engagement in activities...

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