In the case of National Labor Relations Board v. Town & Country Electric, Inc., and Ameristaff Personnel Contractors, Ltd., 1995, the Supreme Court ruled in favor of the National Labor Relations Board (NLRB). The issue was whether paid union organizers could be considered "employees" under Section 2(3) of the National Labor Relations Act (NLRA), thus granting them rights to organize within a company. Town & Country Electric argued that these individuals were not employees as they were hired with an ulterior motive - to disrupt operations and promote unionization. However, NLRB held that their status as paid workers made them employees regardless of their motives or loyalties. The Supreme Court agreed with NLRB's interpretation stating it was consistent with common law agency doctrine which defines an employee based on control exerted by employer over worker’s labor rather than motivations behind hiring decisions.

The dissenting opinion in the case of National Labor Relations Board v. Town & Country Electric, Inc., and Ameristaff Personnel Contractors, Ltd., argued that union organizers who are hired by a company should not be considered employees under the National Labor Relations Act (NLRA). The dissenters believed that these individuals were more akin to independent contractors or agents of an outside entity (the union), rather than traditional employees. They contended that this interpretation was consistent with both common law definitions of employment and Congressional intent when drafting the NLRA. Furthermore, they expressed concern about potential conflicts of interest arising from union organizers being classified as employees - specifically, how such classification could compromise their loyalty to either party and potentially disrupt workplace relations.