''NLRB v. Hearst Publications'', 322 U.S. 111 (1944), was an administrative law case heard before the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...

. The case concerned the meaning of the term "employees" in the

National Labor Relations Act The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, an ...

(NLRA).

Background

Hearst Publications (Hearst), the publishers of four daily

Los Angeles Los Angeles, often referred to by its initials L.A., is the List of municipalities in California, most populous city in the U.S. state of California, and the commercial, Financial District, Los Angeles, financial, and Culture of Los Angeles, ...

newspapers, refused to bargain collectively with their

newsboys Newsboys (sometimes stylised as newsboys) are a Christian rock band that has existed in various permutations since its founding in 1985 in Mooloolaba, Queensland, Australia, by Peter Furler and George Perdikis. Now based in Nashville, Tenness ...

. The newsboys filed petitions with the

National Labor Relations Board The National Labor Relations Board (NLRB) is an Independent agencies of the United States government, independent agency of the federal government of the United States that enforces United States labor law, U.S. labor law in relation to collect ...

(NLRB) for certification as a local union. The NLRB found that the newsboys were full-time employees within the meaning of the NLRA and ordered Hearst bargain with the newsboys. The

United States Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts for the following federal judicial districts: * Distric ...

refused to enforce the order, reasoning that the newsboys were

independent contractor Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any oth ...

s, rather than

employees Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any othe ...

Decision of the Court

Justice Rutledge, delivering the opinion of the court, ruled that the NLRB's interpretation of the Act was not erroneous. The court held that when an administrative agency engages in "specific application of a broad statutory term in a proceeding in which the agency administering the statute must determine it initially, the reviewing court's function is limited." The newsboys were employees within the meaning of the Act, with whom Hearst was required to collectively bargain.

Dissent

Justice Roberts, dissenting, wrote that "the question of who is an employee, so as to make the statute applicable to him, is a question of the meaning of the Act and, therefore, is a judicial and not an administrative question."

Facts

Newsboys, who distributed papers on the streets of the city of

, formed a union to collectively bargain over wages. They claimed they were 'employees' under the

1935. They alleged their employers were Hearst Publications Inc, which owned the Los Angeles Examiner and the Los Angeles Evening Herald and Express, as well as the

Los Angeles Times The ''Los Angeles Times'' is an American Newspaper#Daily, daily newspaper that began publishing in Los Angeles, California, in 1881. Based in the Greater Los Angeles city of El Segundo, California, El Segundo since 2018, it is the List of new ...

. The

determined that the newsboys were employees, as they worked continuously, regularly and relied on their earnings to support themselves and their families. The publishers dictated the buying and selling prices, fixed their markets, controlled their supply of papers, supervised their work hours and effort, and gave them sales equipment for the publishers' benefit. The NLRB then designated the full-time newsboys and 'checkmen' to be a bargaining unit within the city, excluding temporary, casual and part-time newsboys and bootjackers. The newspapers argued that under common law standards, their control over the newsboys made them no more than independent contractors, so that they were not 'employees' and had no duty to bargain in good faith under the

1935.

Judgment

The Supreme Court held that the Act's history, context and purposes should be taken into account when determining whether someone is an employee, not just common law standards, local law or legal classifications made for other purposes. The NLRB's determination that someone is an employee may not be set aside if it has a reasonable legal basis. Its identification of bargaining units was within its discretion, including its exclusion of suburban newsboys on the ground that they were not in the union. Rutledge J gave the court's judgment.322 US 120-134 Reed J concurred, and said the NLRB had the definition of 'employee' correct. Roberts J dissented, stating his view that the newsboys were not employees.

References

External links

* * {{DEFAULTSORT:Nlrb V. Hearst Publications United States Supreme Court cases United States administrative case law 1944 in United States case law National Labor Relations Board litigation Hearst Communications United States Supreme Court cases of the Stone Court Newspaper labor disputes in the United States