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MRG9999

High School Sports Officials / PIAA Union

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No. The way you said it, the form drives the status. It is the status that determines the form. Sent from my iPad using Tapatalk

:o

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Update:  The PIAA LAX officials in District 7&8 in Western PA did vote and are now recognized by the NLRB as the first union for interscholastic sports officials in American history after a resounding election win.  Where this puts the rest of the officials (PIAA and in other states), who knows.  It may help, it may not.  I am still on the fence about it.  Waiting to see what changes are made and whether changes do come.

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As an HR professional and an official I've been keeping my eye on this. 

I did read all of the NLRB decision in declaring PIAA an employer and it is pretty decisive even though they wrote 

I find that some weigh in favor of finding that the PIAA lacrosse officials are independent contractors and others weigh in favor of finding them to be statutory employees. Based on an examination of the Restatement principles within the “total factual context,” of this case, and for the reasons described below, I conclude that the balance of the evidence tips the scale in favor of employee status.

Now I believe a good attorney would be able to poke holes in the decision based on the factors the NLRB used to determine employment. Being there is no “there is no shorthand formula or magic phrase” to determine employer vs contractor. That said I don't think that using too many different factors in making the decision would have given a different decision. 

My second thought is -- not getting political. I think it can be objectively stated that PA is a much more union/employee friendly area than say South Carolina. Would a similar decision be reached by a director in Region 10 which covers areas like VA, NC, SC & GA which are historically have much less union influence and are typically employer friendly.

Either way precedent has been set. While the NLRB decision explicitly states this decision is limited to PIAA lacrosse officials in those two districts, it won't take long for it to spread. 

I believe with the NLRB stating these lacrosse officials are employees, barring anything spectacular out of appeals, we are seeing the beginning of the end of all sports officials being considered independent contractors. 

This will be interesting to see how everything plays out in the long run.

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