In a big win for employers, the National Labor Relations Board has adopted a broad definition to distinguish independent contractors from employees, making it difficult for contractors to form or join a union.The bold is a statement from a clueless lawyer. The truth:
Its decision in SuperShuttle DFW Inc., emphasized that contractors retain great flexibility to control their work, set their own schedules and use their own equipment. That means, the NLRB ruled, they are not covered by the National Labor Relations Act.
The decision will make it much harder for gig economy workers to seek union representation. It “throws a roadblock into unionization efforts involving such workers, as federal law does not permit independent contractors to unionize,” said a statement from the Fisher Phillips law firm.
As an independent contractor, the terms and conditions of the work you perform are set out in a contract between you and the employer. Even though you are not considered an “employee” under federal labor law, you may still join a union. However, you should keep in mind that a unit of independent contractors is not subject to the same privileges and protections as a regular union bargaining unit. For example, an employer is not under the same obligation to bargain with a union regarding contract terms for an independent contractor that it is to bargain over issues affecting its regular employees. Also, an independent contractor who went on strike would not be protected from employer reprisals under the National Labor Relations Act.
How would the lawyer up top make such an incredibly stupid statement? Anyone can unionize, it is the first Amendment. What the stupid lawyer means is that independent contractors cannot get all the special federal union protections, a different topic really. But he is an idiot, not doubt he past leftward law school and forget everything important.
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