United States Ninth Circuit

An NLRB decision finding that petitioner-cab company's taxicab drivers are "employees", as opposed to independent contractors, and that the company violated the National Labor Relations Act by refusing to meet and engage in collective bargaining with a union is affirmed where the conclusion that the drivers are employees within the meaning of the Act was supported by substantial evidence that the company exercised considerable control over the means and manner of its drivers' performance and did not provide them the ability to pursue entrepreneurial opportunities.

Appellate Information

• Argued 10/18/2007
• Decided 01/08/2008
• Published 01/08/2008

Judges

• Before: JANE R. ROTH,SIDNEY R. THOMAS, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David A. Rosenfeld, Esq., Caren P. Sencer, Esq. (Argued), Weinberg, Roger & Rosenfeld, A Professional Corporation, for intervenors East Bay Taxi Drivers Association and Brotherhood of Teamsters, Auto Truck Drivers, Line Drivers, Car Haulers, and Helpers, Local No. 70.


• For Appellees:
  
• Arthur F. Rosenfeld, Acting General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, David Habenstreit, Supervising Attorney, Kathleen E. Lyon, Attorney, Meredith L. Jason, Attorney (Argued), for petitioner-respondent National Labor Relations Board., Alexander J. Berline, Esq. (Argued), Shai Zemach, Esq., Hanson Bridgett Marcus Vlahos & Rudy, LLP, for respondents-petitioners Friendly Cab Company, Inc., et al.