National Labor Relations Board v. Town & Country Electric, Inc.

516 U.S. 85 (1995)

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National Labor Relations Board v. Town & Country Electric, Inc.

United States Supreme Court

516 U.S. 85 (1995)

Facts

Town & Country Electric, Inc. (Town & Country) (defendant), a nonunion electrical contractor, refused to hire 10 of 11 union applicants, hired a union applicant, and dismissed that individual after only a few days. The local union of electrical workers (the union) (plaintiff) filed a complaint against Town & Country with the National Labor Relations Board (the board), alleging that the employer failed to interview or retain the individuals because of their union membership. The administrative law judge found in the union’s favor, and the board agreed, but the Eighth Circuit refused to enforce the board’s order. The matter was appealed to the United States Supreme Court, which had to decide whether a worker could be a company “employee” within the meaning of the National Labor Relations Act and at the same time be paid by a union to help organize the company’s employees.

Rule of Law

Issue

Holding and Reasoning (Breyer, J.)

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