Legal distinction between employee and independent contractor as applied to collective bargaining activities in timber harvesting

Abstract

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.

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