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Supershuttle DFW, Inc. and Amalgamated Transit Union Local 1338

367 N.L.R.B. No. 75 (2019)

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Supershuttle DFW, Inc. and Amalgamated Transit Union Local 1338

National Labor Relations Board
367 N.L.R.B. No. 75 (2019)

Facts

Amalgamated Transit Union Local 1338 (union) (plaintiff) sought to unionize a group of drivers who operated airport shuttles for SuperShuttle DFW (SuperShuttle) (defendant). SuperShuttle required the drivers to sign franchise agreements that characterized the drivers as nonemployee franchisees. The drivers paid an initial franchise fee and a flat weekly fee for the right to use the SuperShuttle brand and its proprietary reservation and dispatch system. The drivers supplied their own shuttle vans, set their own schedules using SuperShuttle’s system, and kept all the fares they earned. However, the franchise agreement prohibited the drivers from working for SuperShuttle’s competitors. SuperShuttle argued that the board did not have jurisdiction over the drivers because they were independent contractors and were thus excluded from the National Labor Relations Act (NLRA). The board's acting regional director found for SuperShuttle, determining that the drivers were independent contractors. The union petitioned the board for review.

Rule of Law

Issue

Holding and Reasoning (Ring, Kaplan, Emanuel, J.J.)

Dissent (McFerran, J.)

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