Are trojan horse union organizers "employees?": a new look at deference to the NLRB's interpretation of NLRA section 2(3). (National Labor Relations Board, National Labor Relations Act)

Michigan Law Review, February, 1995 by Hacker, Jonathan D.

The federal courts should defer to the National Labor Relations Board (NLRB) interpretation of the National Labor Relations Act Section 2(3) definition of employees as applied to trojan horse union organizers because of the NLRB's greater expertise on employment matters. The general rule is that courts should defer to administrative agency interpretations only when the congressional intent of a statute is unclear. Regardless of ambiguity questions, courts should find that congressional intent was to apply agency principles and find that the NLRB is in the best position to assess the presence of an agency relationship in the workplace.

INTRODUCTION

Labor unions traditionally have depended on direct and continuous contact with employees in the workplace in order to...

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