LANCASTER SYMPHONY ORC. v. NAT'L LABOR RELS. BD.

Nos. 14-1247, 14-1272.

822 F.3d 563 (2016)

LANCASTER SYMPHONY ORCHESTRA, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent. The Greater Lancaster Federation of Musicians, Local 294, American Federation of Musicians, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 19, 2016.


Attorney(s) appearing for the Case

Jill S. Welch argued the cause and filed the briefs for petitioner.

Barbara A. Sheehy , Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Richard F. Griffin, Jr. , General Counsel, John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, and Usha Dheenan , Supervisory Attorney.

Jeffrey R. Freund and Patricia Polach were on the brief for intervenor in support of respondent.

Opinion for the Court filed by Circuit Judge TATEL.


The National Labor Relations Act guarantees employees, but not independent contractors, the right to join a union. In this case, the National Labor Relations Board ruled that musicians in the Lancaster, Pennsylvania, regional orchestra are employees and thus entitled to join a union. Arguing that its musicians are in fact independent...

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