PA INTERSCHOLASTIC ATHLETIC ASSOCIATION v. NLRB

No. 18-1037 Consolidated with 18-1043.

926 F.3d 837 (2019)

PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC., Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent Office and Professional Employees International Union, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 14, 2019.


Attorney(s) appearing for the Case

Maurice Baskin argued the cause for petitioner. With him on the briefs was Tony W. Torain .

William E. Quirk was on the brief for amicus curiae National Federation of State High School Associations in support of petitioner.

Eric Weitz , Attorney, National Labor Relations Board, was on the brief for respondent. With him on the brief were Peter B. Robb , General Counsel, John W. Kyle , Deputy General Counsel, Linda Dreeben , Deputy Associate General Counsel, and Usha Dheenan , Supervisory Attorney.

Melvin S. Schwarzwald argued the cause for intervenor in support of respondent. With him on the brief was Timothy Gallagher .

George N. Davies was on the brief for amicus curiae Association of Minor League Umpires, OPEIU Guild 332, in support of respondent.

Before: Garland, Chief Judge, and Griffith and Pillard, Circuit Judges.


This case asks whether lacrosse officials working for the Pennsylvania Interscholastic Athletic Association (PIAA) are employees subject to the National Labor Relations Act (NLRA) or independent contractors exempt from its protections. "[T]here is no shorthand formula or magic phrase that can be applied to find the answer...

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