1. EXCLUSIONS FROM COVERAGE
Nonstatutory
Employees
Confidential ees with a labor nexus (Hendricks Cty.)
Managerial Employees (Bell Aerospace, 416 U.S. 267, 1974)
Graduate assistants in covered (private) universities, Brown Univ., 342 NLRB No. 42, 2004 (students, not employees), rvsg., NYU, 332 NLRB 1205, 2000
Disabled employees in a “primarily rehabilitative” rather than a “primarily economic” relationship with er,” Brevard Achievement Ctr., 342 NLRB No. 101, 2004
Activities
Unlawful
NLRB v, Fansteel Metl., 306 U.S. 240, 1939
Disloyal
NLRB v. Local 1229 IBEW (“Jefferson Std.”), 346 U.S. 464, 1953
Statutory (Sec 2)
Employers
Government
Railway Labor Act
No effect on commerce
Employees
Agricultural Workers
Domestic
Ee of parent or spouse
Independent Contractor
“right to control” test
Supervisor
Activities
Individual (not concerted)

2. Independent Contractor
Right to Control Test
Individual is an “employee” under NLRA if the putative employer supervises “means and manner“ over which the work is performed
Individual an “independent contractor” under the NLRA if the putative supervisor monitors, evaluates, and improve the results of person’s work rather than supervises means by and manner in which he/she does the work