365 NLRB No. 107 Pennsylvania Interscholastic Athletic Association, Inc. and Office and Professional Employees In- Ternational U
NOTICE: This opinion is subject to formal revision before publication in the reasons set forth in the Regional Director’s decision and bound volumes of NLRB decisions. Readers are requested to notify the Ex- ecutive Secretary, National Labor Relations Board, Washington, D.C. the additional reasons set forth below, we affirm the Re- 20570, of any typographical or other formal errors so that corrections can gional Director’s finding that the lacrosse officials are be included in the bound volumes. statutory employees. More precisely, we agree with the Pennsylvania Interscholastic Athletic Association, Regional Director’s application of FedEx Home Deliv- Inc. and Office and Professional Employees In- ery, 361 NLRB No. 55 (2014), enf. denied 849 F.3d ternational Union, Petitioner. Case 06–RC– 1123 (D.C. Cir. 2017), petition for rehearing en banc 152861 denied, Case No. 14-1196 (June 23, 2017) (FedEx),3 and July 11, 2017 her conclusion that Big East Conference, 282 NLRB 335 DECISION ON REVIEW AND ORDER (1986), enfd. sub nom. Collegiate Basketball Officials Assn. v. NLRB, 836 F.2d 143 (3d Cir. 1987) (Big East), is BY CHAIRMAN MISCIMARRA AND MEMBERS PEARCE not controlling here. We are not persuaded by the argu- AND MCFERRAN ments of our dissenting colleague, who would find that On July 30, 2015, the Regional Director for Region 6 PIAA carried its burden of establishing that the officials issued a Decision and Direction of Election in which she are independent contractors. found that the petitioned-for lacrosse officials are em- I. FACTS ployees covered under Section 2(3) of the Act.1 Thereaf- ter, in accordance with Section 102.67 of the Board’s PIAA is a nonprofit corporation whose primary pur- Rules and Regulations, the Employer (Pennsylvania In- pose is to promote uniformity of standards in the inter- terscholastic Athletic Association or PIAA) filed a timely scholastic athletic competitions of its member schools.
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