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Labor Law
Wayne State University Law School
Canfield, Joseph

 
 
JURISDICTION
 
 
Employee covered by the Act
Employer covered by the Act
·      R must be an industry affecting commerce according to §2(7)
Is there a labor dispute
·      Must involve a labor organization – an organization whose purpose is to represent Es in collective bargaining and Es participate
 
 
EMPLOYEE
 
Act Def’n: Any E unless the Act explicitly states otherwise, and includes any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or b/c of an ULP, and who has not obtained an other regular and substantially equivalent employment
 
Generally Includes:
Prospective Es (job applicants)
Professional Es
·      E engaged in work predominately intellectual…as opposed to routine work; involving the consistent exercise of discretion and judgment…the output cannot be standardized…requiring knowledge of an advanced type (§2)
·      Professional Es can be represented, but may not be included in the same unit as non-professionals unless a majority of them vote to be combined
SALTs
·      When U sends someone to job to get hired in order to organize the R’s Es
·      Overt SALT – I am union, but I want to work here
·      Covert SALT – Hide their union affiliation, and then when on the job they organize when they can
·      SC Held that SALTs were Es and Rs could not refuse to hire them b/c so
o Have to prove the R knew that the prospective E was part of U and was there to SALT
Graduate assistants, working as teachers/researchers/interns while pursuing a more advanced education are statutory Es
 
 
 
 
EXEMPT EMPLOYEE
 
 
Certain Es are not covered by the Act:
Agriculture laborers and Domestic Workers
Es employed by parent or spouse
Independent contractors
·      Whether the “R-E” relationship is covered turns on the amount of management and control retained by

Local Gov’t Es
Confidential Es
·      Es who work closely w/ trade and company secrets
·      Sits in on manager’s meetings when deciding their positions on labor relations issues
Retirees
Es subject to the RLA
 
 
 
EMPLOYER
 
Act Def’n: Any “person acting as an agent of an R, directly or indirectly, but shall not include the U.S. or any wholly owned Gov’t corporation…
 
Generally Includes:
Any private R
Agents of the R
 
 
EXEMPT EMPLOYER
 
Exempt Rs Include:
United States
Wholly Owned gov’t corporation
Federal reserve banks
States and political subdivisions
Labor orgs and their officers & agents not acting as an R
Secondary schools operated by the RC Church(NLRB v. Catholic Bishop of Chicago)