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Tuesday, February 09, 2016
11th Circuit Overturns NLRB: Finds Atlanta-area Stagehands are Independent Contractors
The National Law Review: The 11th Circuit Court of Appeals yesterday vacated a decision by the NLRB holding that a company, an Atlanta-area stagehand referral service, violated the National Labor Relations Act (NLRA). The company refers stagehands to producers of concerts, sporting events, and other live events in the Atlanta area.
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At a glance this decision by the 11th Circuit is disheartening and comes across as quite the blow to theatre unions and the like. However, the more intimate details of the case do draw a clear picture that the individuals working for the placement company were definitely individual contractors. That is undeniable and irrefutable. This then leads me to beg the question of whether the individuals working for the company have the right to strike or protest. Obviously they can protest if they so choose, but I have a strong inclination that they would loose their contractor status and thus no longer be utilized by the placement company. If this is the case, I think that there should be some level of protections given to individual contractors who, as a group, protest the treatment and compensation of the entity which is paying for their services. I wish the article had gone into a little more detail as to what options/rights are available to individual contractors who want to be treated better by their employing body.
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