Dissertation/Thesis Abstract

Joint-Employer Classification: NLRB Polarization in the Administration of Contingent Employee Labor Rights
by Moran, Marcus, M.A., State University of New York Empire State College, 2017, 108; 10607958
Abstract (Summary)

The National Labor Relations Act sets forth limited definitions of what it means to be an employer and an employee in the twentieth-century industrial economy, and bestows on the National Labor Relations Board the authority to classify employees and employers. The past half-century has witnessed the growth of triangular staffing arrangements such as franchises, independent contractors, temporary help services firms, and a service sector in which many contingent workers may not qualify as employees, leaving them unprotected by the Act. By examining Board decisions addressing joint-employer and independent contractor status since 1960, this paper has identified increased polarization—the tendency of Democratic and Republican Board members to vote in opposing, and often politicized directions—in Board decisions classifying employers and employees. The findings suggest that in determining worker eligibility for protection under the Act, the Board is more polarized than at any point in 50 years.

Indexing (document details)
Advisor: Russell, Jason, Tally, Margaret
School: State University of New York Empire State College
Department: Labor and Policy Studies
School Location: United States -- New York
Source: MAI 56/06M(E), Masters Abstracts International
Subjects: Law, Labor relations, Public policy
Keywords: Gig economy, Independent contractor, Joint employer, NLRB, Political polarization, Unions
Publication Number: 10607958
ISBN: 978-0-355-17081-8
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