United States Fourth Circuit

Even though workers signed an application stating that they are "deemed to have quit" each evening, where employer provides continuous assignments and allows workers to hold equipment, such as boots and a hard hat, the employment relationship extends overnight.

Appellate Information

• Decided 06/01/2001
• Published 06/01/2001

Judges

• Before WILKINS, KING, and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• ARGUED:  Kevin L. Carr, Spilman, Thomas & Battle, P.L.L.C., Charleston, WV, for Petitioner. Anne Marie Lofaso, National Labor Relations Board, Washington, DC, for Board. ON BRIEF:  Niall Anthony Paul, Charles I. Woody, Spilman, Thomas & Battle, P.L.L.C., Charleston, WV, for Petitioner.  Leonard R. Page, General, John H. Ferguson, Associate General, Aileen A. Armstrong, Deputy Associate General, Margaret A. Gaines, Supervisory Attorney, Sonya Spielberg, National Labor Relations Board, Washington, DC, for Board.