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See also Cedars-Sinai Medical Center, 223 NLRB 251 (1976) (interns, residents and
clinical fellows not employees under the Act) where the Board stated:
Althoug, under the common law,
consideration for the services
performed does not appear to have
been a sine qua non of establishing
the master-servant relationship, it
is generally conceded, today, that
such consideration is necessary for
classification as an "employee."
So that the conventional meaning of
the word implies someone who works
or performs a service for another
from whom he or she receives compensation.")
(Member Fanning, dissenting).
Recently, in N.L.R.B. v. Town & Country Electric, 116 S.Ct. 450 (1995), the Supreme
Court had occasion to discuss the meaning of the term "employee," when it affirmed the Board's
determination that paid union organizers were employees within the meaning of the Act.
The Court noted:
The ordinary dictionary definition
of "employee" includes any "person
who works for another in return for
financial or other compensation."
American Heritage Dictionary 604
(3d ed. 1992). See also Black's Law
Dictionary 525 (6th ed. 1990) (-an
employee is a "person in the
service of another under any
contract of hire, express or
implied, oral or written, where the
employer has the power or right to
control and direct the employee in
the material details of how the
work is to be performed.")
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