EXCLUSIONS FROM COVERAGE

1. 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) 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 EXCLUSIONS FROM COVERAGE

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