The NLRA covers a broad spectrum of employers, but not all. Some exclusions can be found in the NLRA itself, while others result from the exercise of discretion by the NLRB. Thus, an initial inquiry must be made whenever a representation petition or ULP charge is filed as to the NLRB’s jurisdiction over the employer. The minimum number of employees required for the Board’s jurisdiction is two; however, the employer must meet the test for engagement in interstate commerce.
Read about a 2016 court case.
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