The Law on Unions: Read the National Labor Relations Act

In the Act, Section 7 is the most critical. It begins begins:

Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection…

Who can organize?

Federal law gives employees of private business and organizations the right to form unions.

If you work for a governmental agency, different labor laws apply when you organize.

Supervisors, managers and independent contractors are not covered by the law.

What is the law regarding independent contractors?

If you are called an “Independent Contractor”, “Carrier,” “Freelancer,” “Stringer,” or “Correspondent,” it is necessary to determine if labor laws apply to you. Under federal labor law individuals who are truly independent contractors do not have the rights to form unions. They are considered to be independent business men and women.

Just because a company calls you an independent contractor does not mean you are under the law.

Ask yourself these questions about your position. Do note that he answer to a single question alone does not determine your status. The Guild is available to assist you in reviewing your status.

A "Yes" answer for the following questions indicates that the worker is probably an employee:

Does the business provide instructions to the worker about when, where and how he or she is to perform the work?

Does the business provide training to the worker?

Are the services provided by the worker integrated into the business' operations?

Must the services be rendered personally by the worker?

Does the business hire, supervise and pay assistants to the worker?

Is there a continuing relationship between the business and the worker?

Does the business set the work hours and schedule?

Does the worker devote substantially full time to the work of the business?

Is the work performed on the business' premises?

Is the worker required to perform the services in an order or sequence set by the business?

Is the worker required to submit oral or written reports to the business?

Is the worker paid by the hour, week or month?

Does the business have the right to discharge the worker at will?

Can the worker terminate his or her relationship with the business any time he or she wishes without incurring liability to the business?

Does the business pay the traveling expenses of the worker?

A "Yes" answer for the following questions indicates that the worker is probably an Independent Contractor:

Does the worker furnish significant tools, materials and equipment?

Does the worker have a significant investment in the facilities?

Can the worker realize a profit or loss as a result of his or her services?

Does the worker provide services for more than one firm at a time?

Does the worker make his or her services available to the general public?

Remember The Guild is available to assist you in reviewing your status. Contact Shannon Duffy at 314-241-7046 or email him from your personal email at: spd@stlouisguild.org, or Mary Casey at mcasey@stlouisguild.org.

Thanks to the TNG-International Union for the basis of this information.

St. Louis Newspaper Guild
1015 Locust, Suite 735 | St. Louis, MO 63101
Phone: 314.241.7046 | Fax 314-241-7459
Email to: Shannon Duffy, Business Representative at spd@stlouisguild.org
or Mary Casey, Guild Representative at mcasey@stlouisguild.org