One of the most cherished aspects of being a real estate professional is our status as independent contractors. Fafie Moore of Realty Executives who also just finished her term as only the sixth woman in history to be President of the Las Vegas Chamber of Commerce, just sent me the following information about a law Congress is considering that would essentially destroy independent contractor status. Here's what Fafie forwarded to me:
From the Las Vegas Chamber:
I spoke with NFIB today and got an answer on how independent contractors are eligible to count toward the majority needed for card check authorization. Their labor attorneys say that the way the provisions of EFCA were written, it allows for ANY person working for an employer to organize. There are no definitions of what constitutes and "employee," therefore allowing independent contractors to organize, since they technically work for the employer. The part of EFCA that opens this up to independent contracts is:
SEC. 2. STREAMLINING UNION CERTIFICATION.
(a) In General- Section 9(c) of the National Labor Relations Act (29 U.S.C. 159(c)) is amended by adding at the end the following:
`(6) Notwithstanding any other provision of this section, whenever a petition shall have been filed by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a majority of employees in a unit appropriate for the purposes of collective bargaining wish to be represented by an individual or labor organization for such purposes, the Board shall investigate the petition. If the Board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the Board shall not direct an election but shall certify the individual or labor organization as the representative described in subsection (a).
I asked if Real Estate Brokers, or owners of Real Estate businesses, ought to be concerned and the answer was "YES."
Also, there will be an attempt made in Congress this year to tighten the regulations governing how employers may classify their employees as "independent contracts." The law (I did not get a name or bill #) will make it nearly impossible for employers to classify someone as an independent contractor.
If you have any questions, you can forward them to Ann Fegley or Fafie Moore of the Las Vegas Chamber of Commerce.
Posted by Bernice Ross, www.RealEstateCoach.com, the home of the hottest new book and game in the Real Estate Industry,
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