Labor board ruling likely to have broad impact on referees
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.