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Case Citations [1] (July 2018 through August 2019)

handle is hein.ali/relagcy0132 and id is 1 raw text is: 





                                         AGENCY



                           CHAPTER 1. INTRODUCTORY MATTERS

                                     TOPIC   1. DEFINITIONS

§ 2. Master; Servant; Independent   Contractor

C.A.D.C.2018.  Quot. in sup. After the National Labor Relations Board ruled that recycling-plant
operator and staffing agency were joint employers for union-representation purposes, operator filed a
petition for review. This court granted in part operator's petition, holding, inter alia, that, although the
Board correctly stated the common law that the mere presence of an intermediary did not prevent an
employer  from being the master of its servants, it failed to correctly apply the facts of the case to the
stated law. The court noted that the fact that the purported master had a right to control the purported
servant was a critical factor in determining whether a master-servant relationship existed between the
parties, as evidenced by Restatement of Agency § 2. Browning-Ferris Industries of California, Inc. v.
National Labor Relations Board, 911 F.3d 1195, 1213.


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