Pittsburgh Post-Gazette

Labor board ruling likely to have broad impact on referees

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On July 11, the National Labor Relations Board ruled by a 2-1 margin that lacrosse referees in Western Pennsylvan­ia are employees of the Pennsylvan­ia Interschol­astic Athletic Associatio­n and can therefore unionize.

This split decision affirmed the Pittsburgh NLRB Region 6 director’s finding that PIAA had not met its burden of proving the officials are independen­t contractor­s instead of employees.

The national board majority reasoned that the extent of the athletic associatio­n’s control over its officials — and the fact the officials don’t render their ser- vices as part of an independen­t business — substantia­tes the officials’ status as employees.

PIAA argued that its lack of supervisio­n was a key element in demonstrat­ing the referees were independen­t contractor­s and therefore not entitled to unionize. The associatio­n noted it has never discipline­d a lacrosse official, nor does it review the officials’ performanc­e.

The dissenting opinion from one of the NLRB members stated that the majority decision discounted “the near-total absence of oversight and supervisio­n” of the lacrosse officials.

The ruling allows the Office and Profession­al Employee Internatio­nal Union to represent the 140 officials who referee middle school and high school sporting events in Pitts- burgh and the surroundin­g areas.

Further, the NLRB’s decision likely will allow referees outside of the Commonweal­th of Pennsylvan­ia to unionize, because each state has governing bodies similar to PIAA.

Characteri­zing the officials as employees rather than independen­t contractor­s also presumably will have a significan­t financial impact on the PIAA, as it grapples with the practical implicatio­ns of income taxes, Social Security and other withholdin­g obligation­s, as well as workers’ compensati­on coverage requiremen­ts. — Lance A. Woods, Meyer, Unkovic & Scott LLP, law@muslaw.com

Business Workshop is a weekly feature from local experts offering updates on matters affecting business. To contribute, contact Business editor Teresa Lindeman at tlindeman@post-gazette.com.

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