BWI Taxi Management

National Labor Relations Board - Unpublished Board Decisions

Jun 8, 2012

05-RC-016489 (N.L.R.B. Jun. 8, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
BWI TAXI MANAGEMENT, INC.
Employer
and Case 5-RC-16489
EVENING SHIFT CAB OPERATORS ASSOCIATION
Petitioner
DECISION ON REVIEW AND ORDER
On November 1, 2010, the National Labor Relations Board granted the Employer’s
Request for Review of the Acting Regional Director’s Decision and Direction of Election with
regard to his finding that the taxi drivers were statutory employees, and not independent
contractors.
Having carefully reviewed the record with respect to the issue on review,1 we affirm the
Acting Regional Director’s finding for the reasons stated in his Decision.2 Accordingly, we
remand this proceeding to the Regional Director for further appropriate action.

BRIAN E. HAYES, MEMBER
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER
Dated, Washington, D.C., June 8, 2012.

1 We have also considered the amicus brief filed by the AFL-CIO.
2 In finding that the Employer did not meet its burden of establishing independent contractor status, Member Hayes
relies on the Employer’s control over the drivers’ work schedule and hours and their lack of entrepreneurial
opportunity. He does not rely on the Acting Regional Director’s reliance on the Employer’s work rules, which he
notes were mandated directly or indirectly by the Maryland Aviation Administration and Anne Arundel County.