AEM 2300 Lecture Notes - Lecture 7: Childrens Hospital, National Labor Relations Act, Commerce Clause

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Independent business with significant entrepreneurial opportunity for gain or loss. Performing functions that are essential part of normal operations. Receive significant guidance, supervision or assistance from managers. Before taft-hartley ulps only existed for er"s - added ulps for labor organizations. 7: ees have right to engage in concerted (jointly planned) activity for mutual aid or protection. Driver fired for refusing to drive a truck he believed was unsafe. Filed a written grievance with local union, which was denied. Filed a ulp charge against city disposal with the board. 7 provision for concerted activity as he is acting alone. Er states that he did not exactly cite a portion of the cba; he, however, felt that this right existed and was acting on it. Holding: yes, an individual employee"s invocation of a collective bargaining agreement is concerted activity under sec. Interboro doctrine: an individual employee invoking a collective bargaining agreement is concerted activity.

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