What is the name of your state?Which applies, Contract or Labor Law?What is the name of your state? California
California Case..Which applies, Contract or Labor Law?
John Doe purchases a truck and agrees to haul for Jane Doe under a owner operator contract that specifies that the relationship is that of owner-operator / independent contractor, not an employee.
The contract also contains other clauses including dispute resolution, non-competition, hours of operation, weekly payment, etc.
John decides he would like to join the teamsters union and be treated as an employee, notwithstanding the terms of the contract.
The National Labor Relations Board (NLRB) is charged with administrating the National Labor Relations Act (NLRA). Following a hearing, the NLRB determines that pursuant to definitions contained within the NLRA, and disregarding the terms of the contract, John Doe is a statutory employee and not an independent contractor.
What now happens to the contract? Do the other conditions within the contract remain enforceable? What are the jurisdictional limits of the NLRB?
If an action were brought under state or federal law for breech of contract or specific performance, would the local court decide it, or would it be referred back to the NLRB? Does the NLRA grant the authority to decide such issues?
California Case..Which applies, Contract or Labor Law?
John Doe purchases a truck and agrees to haul for Jane Doe under a owner operator contract that specifies that the relationship is that of owner-operator / independent contractor, not an employee.
The contract also contains other clauses including dispute resolution, non-competition, hours of operation, weekly payment, etc.
John decides he would like to join the teamsters union and be treated as an employee, notwithstanding the terms of the contract.
The National Labor Relations Board (NLRB) is charged with administrating the National Labor Relations Act (NLRA). Following a hearing, the NLRB determines that pursuant to definitions contained within the NLRA, and disregarding the terms of the contract, John Doe is a statutory employee and not an independent contractor.
What now happens to the contract? Do the other conditions within the contract remain enforceable? What are the jurisdictional limits of the NLRB?
If an action were brought under state or federal law for breech of contract or specific performance, would the local court decide it, or would it be referred back to the NLRB? Does the NLRA grant the authority to decide such issues?