Section 2 Coverage of the NLRA and Jurisdictional Standards of the NLRB

• Library: Emp-Emp Law 2000

The National Labor Relations Act (NLRA), as amended, 29 U.S.C. §§ 151, et seq., is the fundamental federal labor legislation covering most employees, except those who work for railroads, airlines, and public employers. Labor organizations (unions), as well as private employers, are covered by the NLRA. 29 U.S.C. § 152(5). The NLRA’s definition of “employee” is quite broad. 29 U.S.C. § 152(3).

The NLRA expressly exempts agricultural and domestic workers, independent contractors, employees of a parent or spouse, and supervisors from its coverage. 29 U.S.C. § 152(3), (11).

A commonly raised issue concerns the exclusion of supervisors from the definition of employee. Who is a supervisor under the NLRA? NLRA § 2(11), 29 U.S.C. § 152(11), provides:

The term “supervisor” means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall...