NLRB v. Town & Country Elec., Inc., 516 U.S. 85, 5 (1995)

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Cite as: 516 U. S. 85 (1995)

Opinion of the Court

ees. This case grows out of a controversy about rights that the Act grants to "employees," namely, rights "to self-organization, to form, join, or assist labor organizations, to bargain collectively . . . and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection." § 157. We granted certiorari to decide only that part of the controversy that focuses upon the meaning of the word "employee," a key term in the statute, since these rights belong only to those workers who qualify as "employees" as that term is defined in the Act. See, e. g., § 158(a)(1) ("unfair labor practice" to "interfere with . . . employees in the exercise of the rights guaranteed in section 157 of this title") (emphasis added).

The relevant statutory language is the following:

"The term 'employee' shall include any employee, and shall not be limited to the employees of a particular employer, unless this subchapter explicitly states otherwise, and shall include any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment, but shall not include any individual employed as an agricultural laborer, or in the domestic service of any family or person at his home, or any individual employed by his parent or spouse, or any individual having the status of an independent contractor, or any individual employed as a supervisor, or any individual employed by an employer subject to the Railway Labor Act, as amended from time to time, or by any other person who is not an employer as herein defined." § 152(3) (emphasis added).

We must specifically decide whether the Board may lawfully interpret this language to include company workers who are also paid union organizers.

We put the question in terms of the Board's lawful authority because this Court's decisions recognize that the Board

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