Collective Bargaining Units in the Transportation Industry

Grady, James T.
February 1978
Labor Law Journal;Feb78, Vol. 29 Issue 2, p118
Academic Journal
The article discusses briefly the statutory and judicial framework which provides the context for the National Labor Relations Board's (NLRB) development of the law of the unit appropriate for the purpose of collective bargaining. Sections 9(a) and (b) of the National Labor Relations Act provide the statutory authority for the NLRB to make unit determinations. In the past decade, a practice has emerged wherein an owner of a truck or similar equipment agrees with a trucking company to do certain work for that trucking company in exchange for an agreed-upon compensation. The truck owner is paid for his services while the trucking company receives at comparatively low cost a ready supply of individual drivers available to take up the slack of its usual operations or to perform certain special jobs such as the transportation of goods known in the trade as special commodities. In the trucking industry, the Board and the circuit courts are increasingly looking more realistically at the relationship and a pattern of employee-employer status determinations appears to be emerging.


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