The Resort Hotel Association represents several member hotels in their dealings with the various unions that represent

Question:

The Resort Hotel Association represents several member hotels in their dealings with the various unions that represent workers at the hotels. Every hotel hires professional musicians to play for extended periods of time in hotel lounges, dining rooms, and ballrooms. Over the years, the association has bargained with the American Federation of Musicians and reached agreements governing the employment of union-based members and bandleaders in hotels. One year, after evaluating the situation, the association refused to bargain with the musicians union. The association claimed that the band members were not “employees” of the hotels within the meaning of the Act. Furthermore, the association contended that the bandleaders were not “supervisors” representing the hotel, but rather independent contractors free to conduct their business without hotel interference, including the hiring and firing of musicians. The federation filed unfair labor practice charges against the association with the NLRB for refusing to bargain with the union. The union contended that the working conditions of musicians on extended engagements, such as method of payment and privileges, were identical to those of other hotel employees. Furthermore, because the hotel controlled the times the bands played, the type of music played, and the locations in which the bands played, the musicians were in effect “employees” of the hotel. Because the band leaders helped the hotels effect their control, the union also claimed that bandleaders were hotel “supervisors”. What factors must be considered by the NLRB when deciding whether individuals are employees, independent contractors, or supervisors under the Act? How should the musicians and bandleaders be classified in this case? Decide.

Fantastic news! We've Found the answer you've been seeking!

Step by Step Answer:

Related Book For  answer-question
Question Posted: