Can we stop comparing this situation to something that NHL, NCAA, or other high minor league officials may deal with? It is a bad deal for the local guys, but comparing it to such a higher level of hockey (especially when it doesn't lend to the scenario) convinces people that exaggeration rules the day here.
Is an ultimatum right? No....it should've never come to that. But it also speaks to a power struggle in the area. It doesn't have to do with business models, music careers, or independent contractors.....it's actually much simpler. He shouldn't have sent that email. It should've been an internal matter.
Joe: Obviously you are not a labor attorney or you would not throw the word illegal around so loosely. Also- 1) The Uniform Commercial Code is not a law but a recommendation by private organizations and 2) The Uniform Code tries to unify federal and state laws and 3) Gov Perry of Texas has removed Texas from participation (suggesting succession) and 4) there is nothing in the code about independent contractors.
Jeff: My seat isn't cheap and the answer is the officials will have to make a decision about who they want to work for.
Pat: If the memo wasn't sent the decision would still stand. They're complaining about the decision, not the memo. Unfortunately, they have nothing to complain about. Decisions have consequences, some that people will not like. A decision was made to not be a member of USAH. Non-members are not entitled to products produced by members.
Harry, why can't they dual register? Will they take their money, but not work them? If they accept their registration & money, are they not indicating they are accepting them for work? Should they not send the money back if they choose not to use an independent contractor? I'm no lawyer either, but I can bet you someone will be spending money in the court systems. People can hide behind the law, if that is the case. But it will be the well known that morally in this country, IT IS WRONG! The hockey world is a big place, but word travels fast. If AAU grows, it could be USAH that might be the losers if quality officials are backed into a corner! JMO
Harry actually I went to law school and have a JD. I used to practice in NY and MI so I am pretty well aware of the commercial code and the effects of precident throughout the US. I specialized in business law and when I practiced I was undefeated in all lawsuits I brought. There is nothing in the code about independent contractors as people. However, those contractors in the eyes of the law and under binding higher court rule are viewed as a "business" and not a person. There is more than one stare decisis opinion on this matter that would be binding if someone were to take this issue to task. Gov. Perry? Really? Are you familiar with interstate commerce laws which USAH is obligated to follow as a 501C3 since they do business inter state? Perhaps you are aware that because they are indi contractors that this action is illegal unless they signed a "non compete", are you aware that USAH has no such non compete? Restricting any person or business ability to earn an income without a written aghreement before entering into the working relationship is attempting to place a restriction on trade and that persons ability to earn a living. Try defending that in court with this economy and you will be laughed out of the room.
Harry, it just seems to me that I'm looking for a solution and your looking for a problem! Why would it even matter to anyone or association as long as you show up and provide the service you were hired for? You know the answer to that already!
The whole point of this is that as an independent contractor, USAH or its referee affilate offices have no right to make this request. I really doubt this is coming from the national office.
If you stock shelves at Walmart, unless you have a non compete signed at the time of entering that contract, you have every right to stock shelves at Kmart when you have extra time.
Isnt this country about having choices? As an example, Michigan Amatuer Hockey Association and USAH are not involved in Michigan High School Hockey, players can and often do play both HS and USAH. What is wrong with that if you inform both teams of your intentions?
The bottom line is fairly simple to see, people have rights to choose and other people can not block those options without a binding writen agreement in place before attempting to block those options. Now if there was such an agreement in place, I would side with the referee in chief because it would be binding.
So you agree that refs, who are in the USAH referee development program, sign contracts with non-compete clauses, and in return are receiving training, mentoring, insurance and supervision from USAH, can be excluded from working outside the program