The Law of Labor-Management Relations PREV LIR 401. Complete Study and Class Notes (34 Pages)

NLRA-Covered Employers + Employees Basic Question: Who Is Covered by the NLRA? To Emphasize: While “Technical,” NLRA Definitions Are CRUCIAL NLRA Definition of Covered “Employer” NLRA D efinition of Covered “Employee Closer Look at NLRA-NON-Covered Public Employers Let’s Look at NLRA-Covered EmployEEs OK, Which Employees Does the NLRA Exclude from Coverage/Protection NLRA EXPRESSLY EXCLUDES FROM COVERAGE/PROTECTION THE FOLLOWING GROUPS OF EMPLOYEES: Ex.: Mary works in the fields harvesting (picking) tomatoes on a large farm in North Carolina. She and her fellow harvesters try to organize a union. Their employer fires them in retaliation for that. If you’re a STRIKING employee, are you covered by the NLRA, even though you’re not working? (Answer: contained above!) Is Jane Doe an IC or an Employee? What Difference Does It Make? How Courts/Agencies Resolve “Misclassification Disputes”: The Scales Basic Legal Rules in Classification Disputes Enough of the Basic Rules: Exactly How Are These Disputes Resolved? IC “versus” Employee: The 10 Factors In Classification Disputes, What Judges Do, Factor by Factor IC vs. Employee: How Factors Can “Cluster” at One End of Spectrum – The Easy “Polar” Cases A hiring party (HP) retains Jennifer to work on the hiring party’s property, doing relatively unskilled work that is “core” to HP’s business, on a full-time and year-round basis, for an hourly wage, and the HP supplies the tools and materials and has right to control the work. IC vs. Employee: How Factors Can “Cluster” at One End of Spectrum – Another Easy “Polar” Case A hiring party (HP) retains Amy to do advanced welding work (a highly skilled, separate occupation), with Amy supplying own welding equipment and supplies. Amy works for two- to four-hour periods, prices her work “by project,” and works for three-to-five different hiring parties each week Uber (hiring party = HP) retains Gordon to use Uber’s digital platform to locate customers desiring rides; Gordon drives own car and is free to decide when and where he’ll work. Uber sets prices, requires background checks, and lays down rules of conduct; at will, plus Gordon can be terminated for violations of Uber’s rules. He gets paid via % of customers’ Pay-Pal payments. Close case: Is Gordon an employee of Uber? Or just an IC?