CREW ONE PRODUCTIONS, INC.

National Labor Relations Board - Board Decisions

Aug 21, 2014

10-RC-124620 (N.L.R.B. Aug. 21, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CREW ONE PRODUCTIONS, INC.
Employer
and Case 10-RC-124620
INTERNATIONAL ALLIANCE OF
THEATRICAL STAGE EMPLOYEES
Petitioner
ORDER
The Employer’s and Petitioner’s Requests for Review of the Regional Director’s
Decision and Direction of Election are denied as they raise no substantial issues
warranting review.1
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
NANCY SCHIFFER, MEMBER
Dated, Washington, D.C., August 21, 2014

1 Contrary to our colleague’s suggestion, the Regional Director examined both the
factors that support and those that detract from independent contractor status. In
addition, the Regional Director did evaluate the significance of independent contractor
agreements signed by the stagehands. He simply found that their potential significance
was undercut by the fact that they apparently were mandated by the Employer.
Unlike his colleagues, Member Miscimarra believes the Regional Director and Crew
One have identified substantial questions that warrant granting review on whether
stagehands are independent contractors or employees of Crew One. As to this issue,
Member Miscimarra notes that the Regional Director determined certain factors favor
independent contractor status; regarding certain other factors, the role of Crew One
appears to be extremely limited given that most if not all performed work is directed and
controlled by third party client(s); and Member Miscimarra believes the Board should
determine what weight, if any, shall be afforded to written agreements stating that
stagehands would work as independent contractors. Even though such agreements are
not necessarily dispositive, it appears that they were afforded no weight in this case,
although the Regional Director recognized that a material issue when evaluating
employee status is whether, among other things, parties believed they were creating an
employee or independent contractor relationship.