The Saint Joseph News-Press publishes a morning newspaper in Saint Joseph, Missouri. Haulers pick up the bundled

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The Saint Joseph News-Press publishes a morning newspaper in Saint Joseph, Missouri. Haulers pick up the bundled papers at the plant and bring them to common drop points, where carriers pick them up. Carriers deliver papers to the customers. They also place papers in newspaper racks, deliver to dealers, and drop newspapers at the post office to be mailed to subscribers. When hired, carriers do not complete applications. They sign a contract with the newspaper expressly describing them as independent contractors. The contract grants the carrier the nonexclusive right to purchase, sell, and deliver the newspaper in a designated area and to control the method and means of making deliveries. Carriers sign the contracts as individuals; none are incorporated. Thirty days’ notice is required for either party to terminate the contract without cause. The newspaper can terminate the contract for cause without notice. The contract prohibits carriers from displaying the newspaper’s insignia while delivering newspapers and requires carriers to provide their own vehicles and auto insurance. The General Counsel asserts that the carriers did not operate as independent businesses and performed functions integral to the newspaper’s business and had little opportunity for entrepreneurial gain or loss and little or no bargaining power. The newspaper contends that the carriers are independent contractors excluded from the protection of the act. Decide. [St. Joseph News-Press and Teamsters Union Local 460, 345 NLRB No. 31.]

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