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Hearst (D) contends they were not obligated to bargain with the newsboys who were collectively represented by a union in that they were not employees of D but independent contractors. The NLRB concluded that these boys were employees within the Act and ordered D to bargain with them. The NLRB ordered D to cease and desist from its refusal. D appealed. The court of appeals rejected NLRB’s conclusions and made an independent evaluation of whether the boys were in fact employees. It found they were not employees. The Supreme Court granted certiorari.

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