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TRALA Submits Amicus Brief to National Labor Relations Board
- By: Shannon Davison
- On: 04/19/2018 15:29:57
- In: Legislative Bulletins
On April 16, 2018 the Truck Renting and Leasing Association (TRALA) submitted an amicus brief to the National Labor Relations Board (NLRB) in the case of Velox Express v. Jeannie Edge. This case involves the misclassification of drivers/couriers as independent contractors, and not as employees which was found to be a violation of the National Labor Relations Act (NLRA) by an Administrative Law Judge during the Obama Administration.
The judge cited a theory on misclassification by the former General Counsel of the NLRB Richard Griffin in his decision. TRALA is concerned that by holding employers in violation of the NLRA for the classification of employees, it would open up a path for independent contractors to form unions. In submitting this new brief, TRALA along with the Customized Logistics and Delivery Association (CLDA) and the National Home Delivery Association (NHDA) are requesting the NLRB to reconsider their previous ruling.
TRALA's argument focuses on several key points. For one, this misclassification would chill the use of independent contractors. Because independent contractors play a large role in the transportation and logistics industry, by utilizing these drivers, companies are able to expand their workforce during peak seasons and have access to large pools of drivers who can make deliveries as needed. By forcing TRALA members to rely more on employees to make these deliveries, companies would become less efficient and less competitive. Furthermore, TRALA argues that this misclassification should not be the independent basis for a charge under the NLRA. In its previous decision on independent contractors, an Administrative Law Judge ruled that misclassification of employment status alone serves as the basis for an NLRA violation. The judge came to this decision without any prior case studies, legislation, or board decisions. TRALA believes that employment classification should only be used as a threshold and not as a violation.
TRALA feels confident that the NLRB will rule in favor of Velox and strike down the previous decision which found misclassification as a violation. However, due to strong interest in the case the NLRB has extended the comment period on the Velox case until April 30, 2018. Once this comment period has expired, the board will make a final ruling on the misclassification of independent contractors.
If you would like to view the facts of the Velox Express, you may do so by clicking here. If you would like to view a copy of TRALA's Amicus Brief, you may do so by clicking here. If you have any questions or concerns on this case, please contact Andrew Stasiowski at astasiowski@trala.org or by calling (703) 299-9120.