United States DC Circuit

Petitioner-Employer's petition for review of the NLRB's finding of an unfair labor practice is granted, where the drivers with which Petitioner refused to bargain were independent contractors rather than employees, because Petitioner's arrangement with the drivers had entrepreneurial potential.

Appellate Information

• Argued 11/07/2008
• Decided 04/21/2009
• Published 04/21/2009

Judges

• Before:  GARLAND and BROWN, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• R. Ted Cruz argued the cause for petitioner.   On the briefs were Charles I. Cohen, Jonathan C. Fritts, and Doreen S. Davis., Robert Digges Jr., Robin S. Conrad, and Adam C. Sloane were on the brief for amici curiae American Trucking Associations, Inc. and Chamber of Commerce of the United States of America in support of petitioner.  Timothy W. Wiseman entered an appearance., Renee J. Bushey argued the cause for intervenor International Brotherhood of Teamsters, Local No. 25.   With her on the brief were Michael A. Feinberg and Jonathan M. Conti.


• For Appellees:
  
• Kellie J. Isbell, Attorney, National Labor Relations Board, argued the cause for respondent.   With her on the brief were Ronald E. Meisburg, General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, and Robert J. Englehart, Supervisory Attorney.  Julie B. Broido, Supervisory Attorney, entered an appearance., Daniel J. Popeo and Richard A. Samp were on the brief for amici curiae Washington Legal Foundation, et al. in support of respondent.