Tuesday, January 08, 2008

NLRB v. Friendly Cab (9th Cir. - Jan. 8 , 2008)

You don't see many labor law cases anymore. For a variety of reasons, including (but by no means limited to) the decline in union membership. Which is a personal bummer for me, because I went ahead and took a labor law class in law school but now very rarely get a chance to apply that knowledge. But enough about me. What about your friendly taxicab drivers at Friendly Cab?

They want a union. Their employer, however, says they can't have one. Or, more accurately, that they can do whatever they want, but that the employer doesn't have to bargain with them. Because the taxicab drivers are, according to the employer, independent contractors rather than employees.

The NLRB, however, begs to differ. Even under the Bush Administration. Hence the action.

The NLRB finds an unfair labor practice. Friendly Cab appeals. And the Ninth Circuit affirms. In an opinion by Judge Callahan, no less.

Which seems right.

So there you have it. Your labor law reading for the day. And a semester in law school vindicated for yours truly. A win-win.