Harold Hitz Burton

“ Accordingly, the respondent cannot be classified as a 'retail or service establishment' within the meaning of § 13 (a) (2) which contemplates an establishment serving ultimate consumers beyond the end of such 'flow of goods in commerce.' Roland Electrical Co. v. Walling, supra.
Throughout this case, the respondent has urged as a defense that, in good faith and from year to year, since before 1939, it has entered into and renewed written agreements with the labor union of which petitioner and those for whom this suit is brought were members. ”

“ If the services rendered in this case had been rendered by employees of respondent's customers engaged in the production of goods for interstate commerce, those employees would have come under the Act. Respondent's employees are not to be excluded from such coverage merely because their employment to do the same work was under independent contracts. ”

“ They are (1) whether respondent's employees, under the facts of this case, are engaged 'in the production of goods for commerce' within the meaning of §§ 6 and 7 of the Fair Labor Standards Act of 1938, 52 Stat. ”