HUGHES

v.

AULT, CORRECTIONS DIRECTOR

Citator

Cited By

• Local 777, Democratic Union Org. Comm., Seafarers Int'l Union OF N. Am., AFL-CIO v. Nat'l Labor Relations Bd., 603 F.2d 862 (D.C. Cir. 1978)
  …trol” by the putative employer “[exceeds] governmental regulations to a significant degree” that employee status will be found, Teamsters Local 814, supra, 223 NLRB at 753; see also NLRB v. Deaton, Inc., 502 F. 2d 1221 (5th Cir. 1974), cert. denied, 422 U.S. 1047, 95 S.Ct. 2665, 45 L.Ed.2d 700 (1975); NLRB v. Cement Transport Inc., 490 F. 2d 1024, 1027 (6th Cir.), cert. denied, 419 U.S. 828, 95 S.Ct. 47, 42 L.Ed.2d 52 (1974); Ace Doran Hauling & Rigging Co. v. NLRB, 462 F. 2d 190, 194 (6th Cir. 1972). In t…
• Nat'l Labor Relations Bd. v. Jacob E. Decker AND Sons, 569 F.2d 357 (5th Cir. 1978)
  …(1969); NLRB v. Transport Company of Texas, 438 F. 2d 258, 260 n. 2 (5th Cir. 1971). But it “is not our province to insure an abstract and academic consistency in Board decisions.” NLRB v. Deaton, Inc., 502 F. 2d 1221, 1228 (5th Cir.), cert. denied, 422 U.S. 1047, 95 S.Ct. 2665, 45 L.Ed.2d 700 (1975). Our concern is for the more immediate impact on court procedures. The reasons which allow the Board to refuse to consider evidence that was not available at the hearing for purposes of credibility determinatio…
• Nat'l Labor Relations Bd. v. A. Duie Pyle, Inc., 606 F.2d 379 (3d Cir. 1979)
  …nts do not exercise control over them as a result of the threat of such discipline. “Under the control test, the right of control, even if unexercised, is the crucial element.” N.L.R.B. v. Deaton, 502 F. 2d 1221, 1227 (5th Cir. 1974), cert. denied., 422 U.S. 1047, 95 S.Ct. 2665, 45 L.Ed.2d 700 (1975). The two incidents just described clearly show that Pyle has retained the “right of control” over its drivers’ conduct. An employer’s retention of the right to discipline its workers is a significant indicium…

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