Employment Law Updates | New Statutes, Regulations, and Rules
January 26, 2012
NLRB: Musicians at Three Symphony Orchestras Are Employees, Not Independent Contractors
Lancaster Symphony Orchestra and The Greater Lancaster Federation of Musicians, Local 294, AFM, AFL-CIO, Petitioner
Case 4–RC–21311, 12/27/2011
The National Labor Relations Board has found that musicians playing for symphony orchestras in Pennsylvania, Massachusetts and Texas are employees, not independent contractors, and therefore are eligible to vote on whether they want union representation.
In a 2-to-1 decision in Lancaster Symphony Orchestra, issued Dec. 27, the Board reversed the Regional Director’s decision to dismiss an election petition and sent the case back to the region for further action.
In unpublished decisions issued the following day, citing Lancaster, the Board also found that musicians at the Cape Cod Symphony Orchestra and Plano Symphony Orchestra are employees.
In Lancaster, the Board examined…
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