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Lancaster Symphony Orchestra and the Greater Lancaster Federation of Musicians, Local 294, AFM, AFL-CIO, Petitioner

357 NLRB No. 152 (2011)

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Lancaster Symphony Orchestra and the Greater Lancaster Federation of Musicians, Local 294, AFM, AFL-CIO, Petitioner

National Labor Relations Board
357 NLRB No. 152 (2011)

SH

Facts

The Lancaster Symphony Orchestra (LSO) provided live musical performances in Lancaster, Pennsylvania. Each year, the LSO mailed information to local musicians, requesting availability for performances in the coming season. Once the musicians selected performances for which they were available, the musicians returned a signed agreement for a one-year term indicating that they were independent contractors of the LSO. Among other terms, the agreement set a fixed compensation rate for rehearsals and performances. The LSO maintained rehearsal and performance guidelines and a strict attendance policy, but musicians were able to work for other employers throughout the season. In 2007, a union petitioned for a National Labor Relations Board (NLRB) representation election for the musicians. The NLRB regional director denied the representation petition because the musicians in the proposed bargaining unit were independent contractors, not employees. The union appealed.

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Holding and Reasoning ()

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