Section 23 Other Common Issues in the ?R? Hearing

• Library: Employer-Employee Law 2008

The determination of an appropriate bargaining unit is often the most common and difficult issue raised in an “R” hearing. Other common issues involve the eligibility of voters and contract bar questions.

Eligibility questions typically center on whether the individuals in question are “employees” within the meaning of NLRA § 2(3),
29 U.S.C. § 152(3). Agricultural laborers, domestics, independent contractors, and supervisors are excluded from the term “employee.” Whether a given individual is a...