RESPONDENT:National Labor Relations Board
DOCKET NO.: 75-1267
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: United States Court of Appeals for the First Circuit
CITATION: 429 US 298 (1977)
ARGUED: Nov 10, 1976
DECIDED: Jan 11, 1977
Alan J. Levenson – for petitioners
Harriet S. Shapiro – for respondent
Media for Bayside Enterprises, Inc. v. National Labor Relations Board
Audio Transcription for Opinion Announcement – January 11, 1977 in Bayside Enterprises, Inc. v. National Labor Relations Board
John Paul Stevens:
In the second case, Bayside Enterprises versus National Labor Relations Board, we review a decision of the United States Court of Appeals for the First Circuit.
The National Labor Relations Act does not cover agricultural laborers.
The question in this case, is whether certain truck drivers who haul poultry feed from their employer’s feed mills to independent farms which are under contract with the employer to raise chickens owned by the employer, are agricultural laborers covered by the Act.
The Labor Board held that they were employees and ordered their employer to bargain with their union.
The United States Court of Appeals for the First Circuit enforced that order.
We granted certiorari to resolve a conflict with decisions of the Fifth and Ninth Circuit.
For reasons stated in the opinion filed with the clerk were unanimously hold that the drivers are not agricultural laborers and therefore affirmed the decision of the First Circuit.
Warren E. Burger:
Thank you Mr. Justice Stevens.