National Labor Relations Board v. Olaa Sugar Company, Limited and Ilwu Local 142

Before us is the petition of the National Labor Relations Board for enforcement of its order against the respondents based on its findings of unfair labor practices. These practices concern the discharge of one Banez, a truck driver employee of Olaa Sugar Company. While asserting that under no circumstances could their acts amount to violations of the National Labor Relations Act, respondents also contend that Banez was excluded from the provisions of the Act by its § 2(3), 29 U.S.C.A. § 152 (3) which recites that as used in the Act, “the term ‘employee’ * * * shall not include any individual employed as an agricultural laborer * * *."

For reasons hereafter stated, we think that if employee Banez is not within this agricultural exclusion, then the finding of an unfair labor practice must be sustained. Hence we first address ourselves to the contention that this truck-driver employee was an agricultural laborer.

For a number of years Congress has added a rider to the appropriation for the Board reciting that none of the Board’s funds “shall be * * * used in connection with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural…