The board found that Velox Express workers are employees, not independent contractors, so therefore Velox Express violated the NLRA
when it fired an employee for complaining about the way workers were being treated.
to section 7 of the NLRA
and argues that the exception can and should be
Employees, but not independent contractors, for example, enjoy collective bargaining rights under the NLRA
. (34) When classified as independent contractors, workers are often denied the right to bring actions against their "employers" under state or federal wage and hour laws.
(26) The ALJ also found that filing a class action was a concerted activity within the scope of Section 7 of the NLRA
. (27) Although only one employee filed the initial suit, filing the lawsuit was concerted activity because "it [was] engaged in with the object of initiating or inducing group action." (28) Therefore, mandating that employees waive their rights to class-wide action as a condition of employment impaired employees' Section 7 rights and violated Section 8(a)(1) of the NLRA
In 1947, the NLRA
was amended in part due to a public outcry over some major labor strikes that put a crimp on the country's post-war recovery.
It also gives a brief account of the federal agency responsible for dealing with labor and employment questions, the National Labor Relations Board (NLRB), in the Section describing the NLRA
"Congress and the Trump administration can restore common sense to labor law by appointing new Board members who will properly administer the NLRA
, and by making sensible legislative fixes to the statute."
It is this author's opinion that there is good reason to expect that when PERC does come to deal with this question, it will follow the precedent set by the National Labor Relations Board (NLRB) in similar cases arising in the private sector under the National Labor Relations Act (NLRA
The Quid and the Quo in the NLRA
's Treatment of Labor Unions 1.
The measure would amend the National Labor Relations Act (NLRA
) to make intentional slowdowns by maritime unions an unfair labor practice.
He defends businesses in a number of disputes involving Title VII, ADEA, ADA, FLSA, FMIAOSHA and ERISA as well as cases involving the NLRA
Constitution, the NLRA
, the FLSA, and relevant scholarship.