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    Author(s): James E. Granskog; William C. Siegal
    Date: 1977
    Source: Forest Products Journal Vol. 28(9): 16-20
    Publication Series: Miscellaneous Publication
    PDF: View PDF  (484 KB)

    Description

    Collective 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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    Citation

    Granskog, 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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