Basic Guide to the National Labor Relations Act
Download 0.56 Mb. Pdf ko'rish
|
basicguide
The Act does not cover certain Individuals. In addition to the foregoing limitations, the Act states that the term
“employee” shall include any employee except the following: • Agricultural laborers. • Domestic servants. • Any individual employed by his parent or spouse. • Independent contractors. • Supervisors. • Individuals employed by an employer subject to the Railway Labor Act. • Government employees, including those employed by the U .S. Government, any Government corporation or Federal Reserve Bank, or any State or political subdivision such as a city, town, or school district. Supervisor defined. Supervisors are excluded from the definition of “employee” and, therefore, not covered by the Act. Whether an individual is a supervisor for purposes of the Act depends on that individual’s authority over employees and not merely a title. A supervisor is defined by the Act as any individual who has the authority, acting in the interest of an employer, to cause another employee to be hired, transferred, suspended, laid off, recalled, promoted, discharged, assigned, rewarded, or disciplined, either by taking such action or by recommending it to a superior; or who has the authority responsibly to direct other employees or adjust their grievances; provided, in all cases, that the exercise of authority is not of a merely routine or clerical nature, but requires the exercise of independent judgment. For example, a foreman who determined which employees would be laid off after being directed by the job superintendent to layoff four employees would be considered a supervisor and would, therefore, not be covered by the Act; a “strawboss” who, after someone else determined which employees would be laid off, merely informed the employees of the layoff and who neither directed other employees nor adjusted their grievances would not be considered a supervisor and would be covered by the Act. “Managerial” employees are also excluded from the protection of the Act. A managerial employee is one who represents management interests by taking or recommending actions that effectively control or implement employer policy. The Act does not cover certain employers. The term “employer” includes any person who acts as an agent of an employer, but it does not include the following: • The United States or any State Government, or any political subdivision of either, or any Government corporation or Federal Reserve Bank. • Any employer subject to the Railway Labor Act. Download 0.56 Mb. Do'stlaringiz bilan baham: |
Ma'lumotlar bazasi mualliflik huquqi bilan himoyalangan ©fayllar.org 2024
ma'muriyatiga murojaat qiling
ma'muriyatiga murojaat qiling