In a significant ruling which will benefit companies, the
National Labor Relations Board today revised the test it uses for
determining whether workers are employees or independent
contractors by making it easier for entities to classify them as
contractors (SuperShuttle DFW, Inc.). The decision throws
a roadblock into unionization efforts involving such workers, as
federal law does not permit independent contractors to unionize or
join forces with employees in organizing efforts. What do employers
need to know about this development?
Union Attempts To Organize Franchisee Drivers
SuperShuttle DFW is a franchise operation that uses the name,
logo, color scheme, and other proprietary mechanisms of the
SuperShuttle brand, transporting passengers to and from the
airports in the Dallas-Fort Worth area. In 2005, upon converting to
the franchise model, all drivers for the operation were required to
sign agreements confirming they were independent contractor
franchisees.
