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Legal distinction between employee and independent contractor as applied to collective bargaining activities in timber harvestingAuthor(s): James E. Granskog; William C. Siegal
Source: Forest Products Journal Vol. 28(9): 16-20
Publication Series: Miscellaneous Publication
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DescriptionCollective bargaining attempts by timber harvesting labor groups is often complicated by lack of a clear legal distinction between "employees" and "independent contractors." the primary criterion to make the distinction - the "right-to-control" test of common law - has now been amplified by a number of secondary tests, including: 1) the right to discharge; 2) the degree of skill required by the worker; 3) permanency or length of service; 4) ownership or extent of personal investment in equipment and facilities; 5) opportunities for profit or loss; and 6) method of payment (by time or by job). Several other guidlines also exist, including the question of ownership of stumpage, a factor peculiar to timber harvesting cases.
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CitationGranskog, James E.; Siegal, William C. 1977. Legal distinction between employee and independent contractor as applied to collective bargaining activities in timber harvesting. Forest Products Journal Vol. 28(9): 16-20
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