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HOLLY FARMS CORP. v. NLRB

No. 95-210.

517 U.S. 392 (1996)

116 S.Ct. 1396

134 L.Ed.2d 593

HOLLY FARMS CORP. et al. v. NATIONAL LABOR RELATIONS BOARD et al.

Supreme Court of United States.

Decided April 23, 1996.

Attorney(s) appearing for the Case

Charles P. Roberts III argued the cause and filed briefs for petitioners.

Richard H. Seamon argued the cause for respondents. With him on the brief for respondent National Labor Relations Board were Solicitor General Days, Deputy Solicitor General Wallace, Linda Sher, Norton J. Come, and John Emad Arbab. J. David James, Judith A. Scott, Jon Hiatt, Andrew D. Roth, and Laurence Gold filed a brief for respondent unions.*

Ginsburg, J., delivered the opinion of the Court, in which Stevens, Kennedy, Souter, and Breyer, JJ., joined. O'Connor, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Rehnquist, C. J., and Scalia and Thomas, JJ., joined, p. 409.

Justice Ginsburg, delivered the opinion of the Court.

This controversy stems from a dispute concerning union representation at the Wilkesboro, North Carolina, headquarters facility of Holly Farms, a corporation engaged in the production, processing, and marketing of poultry products. The parties divide, as have federal courts, over the classification of certain workers, described as "live-haul" crews— teams of chicken catchers, fork lift operators, and truck...

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