WHITESIDE
v.
CONNECTICUT

U.S. | 1965-05-03
No. 981
381 U.S. 903 Supreme Court of the United States (1965) Positive Treatment
Cited by 13 cases

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Cited By (12 total)

  • Nat'l Labor Relations Bd. v. Yeshiva Univ., 444 U.S. 672 (U.S. 1980)
    …onform” to one goal or another when the two are essentially the same.27 See NLRB v. Scott Paper Co., [*689] 440 F. 2d 625, 630 (CA1 1971) (tractor owner-operators); Deaton Truck Line, Inc. v. NLRB, 337 F. 2d 697, 699 (CA5 1964) (same), cert. denied, 381 U. S. 903 (1965). The problem of divided loyalty is particularly acute for a university like Yeshiva, which depends on the professional judgment of its faculty to formulate and apply crucial policies constrained only by necessarily general institutional goal…
  • Nat'l Labor Relations Bd. v. Deaton, Inc., 502 F.2d 1221 (5th Cir. 1974)
    …r example, numerous decisions have stressed that a company’s right to control, even if not exercised, makes workers employees. See, e. g., Deaton Truck Line, Inc. v. NLRB, 337 F. 2d 697 (CA5, 1964), cert. denied sub nom. Teamsters Local 612 v. NLRB, 381 U.S. 903, 85 S.Ct. 1448, 14 L.Ed.2d 285 (1965) [Deaton /]. Also, the distinction between control over manner and means and control over end results has been made to bear considerable weight. Thus in NLRB v. Steinberg, 182 F. 2d 850 (CA5, 1958), animal trappe…
    1 / 2
  • Local 814 v. Nat'l Labor Relations Bd., 512 F.2d 564 (D.C. Cir. 1975)
    …1970); Frito-Lay, Inc. v. NLRB, 385 F. 2d 180, 187 (7th Cir. 1967); NLRB v. A. S. Abell Co., 327 F. 2d 1, 4 (4th Cir. 1964); Deaton Truck Line, Inc. v. NLRB, 337 F. 2d 697, 698-99 (5th Cir. 1964), cert. denied sub nom. Local 612, Teamsters v. NLRB, 381 U.S. 903, 85 S.Ct. 1448, 14 L.Ed.2d 285 (1965). While there can be no doubt that Congress intended this “right of control” test to apply, I am impressed by the suggestion of counsel for Local 814 that the better test is one which determines “employee” statu…
    1 / 2

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