GDG- Tour guide group to fight new rules at Gettysburg Battlefield
Margaret D. Blough
mdblough1 at comcast.net
Sat Dec 29 18:05:20 CST 2007
Bob,
They keep referring to themselves as independent contractors, when they don't actually meet the general definition of that as a legal term. They aren't federal employees, either, of course. What they are is licensees. I'm attaching definitions of licensee, license and independent contractor from the legal dictionary on findlaw.com
license
['lis-ens]
Anglo-French, literally, permission, from Old French, from Latin licentia, from licent- licens, present participle of licere to be permitted, be for sale
1 a: a right or permission granted by a competent authority (as of a government or a business) to engage in some business or occupation, do some act, or engage in some transaction which would be unlawful without such right or permission
also
: a document, plate, or tag evidencing a license granted
b: revocable authority or permission given solely to one having no possessory rights in a tract of land to do something on that land which would otherwise be unlawful or a trespass
(compare easement lease)
c: a grant by the holder of a copyright or patent to another of any of the rights embodied in the copyright or patent short of an assignment of all rights
2: a defense (as to trespass) that one's act was in accordance with a license granted
3 a: freedom that allows or is used with irresponsibility
b: disregard for standards of personal conduct: "licentiousness"
Merriam-Webster's Dictionary of Law ©1996.
Merriam-Webster, Incorporated.
Published under license with Merriam-Webster, Incorporated.
http://dictionary.lp.findlaw.com/scripts/results.pl?co=dictionary.lp.findlaw.com&topic=00/00c8cc094cf2d3511f3effb123417f4d
licensee
['lis-en-'se]
: one to whom a license is given
Example: a patent licensee
specif
: one (as a firefighter in the course of his or her duty) who is on the property of another by authority of law or by the consent or invitation of the possessor
(see also bare licensee social guest)
(compare invitee trespasser)
Merriam-Webster's Dictionary of Law ©1996.
Merriam-Webster, Incorporated.
Published under license with Merriam-Webster, Incorporated.
http://dictionary.lp.findlaw.com/scripts/results.pl?co=dictionary.lp.findlaw.com&topic=81/810291ea4884fc2f60dcd37fa5d82de6
independent contractor
: one that contracts to do work or perform a service for another and that retains total and free control over the means or methods used in doing the work or performing the service
(compare employee)
Merriam-Webster's Dictionary of Law ©1996.
Merriam-Webster, Incorporated.
Published under license with Merriam-Webster, Incorporated.
http://dictionary.lp.findlaw.com/scripts/results.pl?co=dictionary.lp.findlaw.com&topic=8d/8dd48ec1cf265e1ee9b9c6c782b3edbd
Regards,
Margaret
-------------- Original message --------------
From: "Bob Huddleston" <huddleston.r at comcast.net>
> Esteemed GDG Member Contributes:
>
>
> Thanks, Margaret.
>
> As I posted before, the Guides have their protected monopoly. And the giver
> of the monopoly gets to set the rules.
>
> Take care,
>
> Bob
>
> Judy and Bob Huddleston
> 10643 Sperry Street
> Northglenn, CO 80234-3612
> huddleston.r at comcast.net
>
> "The rule is perfect: in all matters of opinion our adversaries are insane."
> ---Mark Twain, 1907
>
>
> -----Original Message-----
> From: gettysburg-bounces at arthes.com [mailto:gettysburg-bounces at arthes.com]
> On Behalf Of Margaret D. Blough
> Sent: Thursday, December 27, 2007 10:17 PM
> To: GDG
> Subject: Re: GDG- Tour guide group to fight new rules at Gettysburg
> Battlefield
>
> Esteemed GDG Member Contributes:
>
>
> I thought it might be useful to post the National Park Service Regulations
> on licensed battlefield guides. 36 CFR 25.2(g) is of particular relevance
> to this discussion, particularly items 1 and 2:
>
> >>(g) Before being issued a license to act as a guide, each applicant will
> be required to subscribe to the following agreement:
> ____________(Place) ____________(Date)
> To Superintendent, ________ National Military Park.
> For and in consideration of the issuance to me a license to act as guide, I
> hereby accept and agree to observe fully the following conditions:
> 1. To abide by and observe the laws and all rules and regulations
> promulgated for the government of the park and for the regulation of guide
> service.
> 2. In case of difference of opinion as to the interpretation of any law,
> rule, or regulation, to accept the decision of the superintendent.
> 3. To accord proper respect to the park rangers in their enforcement of the
> rules and regulations.
> 4. To require drivers of all vehicles, while under my conduct, to observe
> the park rules and regulations.
> 5. To be watchful to prevent damage to, or destruction of, park property or
> acts of vandalism affecting monuments, buildings, fences, or natural
> features of the park, to report any such damage, destruction, or vandalism
> which I may observe to the nearest available ranger without delay, and to
> furnish him with all information in my possession tending to identify the
> offenders and assist in their apprehension and punishment.
> 6. To demand of visitors not more than the authorized fees for guide service
> and, when employed, to render service to the best of my ability.
> 7. To advise visitors who employ me, in advance, the length of time needed
> for a trip and its cost and, if visitors desire a shortened tour, to arrange
> for such service as may suit their convenience.
> 8. (a) Not to operate for hire any passenger vehicle or other vehicle of any
> kind, while pursuing the vocation of guide or wearing a guide's badge or
> uniform.
> (b) Not to operate a visitor's motor vehicle unless I hold a valid motor
> vehicle operator's license issued by the State in which the national
> military park is located.
> (c) Not to charge an extra fee for operating a visitor's motor vehicle.
> 9. In the event my license should be suspended or revoked by the
> superintendent, to refrain from offering my services or pursuing the
> vocation of guide, pending appeal to and decision of the Director of the
> National Park Service.
> 10. To return the license and official badge without delay to the
> superintendent should my license be revoked or suspended for more than 5
> days or upon abandoning the occupation of guide.
> 11. While wearing the badge of a guide or any uniform or part of a uniform
> indicating me to be a guide, I will not act as agent, solicitor,
> representative, or runner for any business or enterprise whatever (except in
> offering my services as a guide to visitors), nor solicit nor accept from
> any person, firm, association, or corporation any fee, commission, or
> gratuity for recommending their goods, wares, or services.
> (Signed)____________________<<
>
> Regards,
>
> Margaret
>
>
>
> 36 CFR PART 25—NATIONAL MILITARY PARKS; LICENSED GUIDE SERVICE REGULATIONS
>
>
> Section Contents
> § 25.1 Scope.
> § 25.2 License.
> § 25.3 Supervision; suspensions.
> § 25.4 Schedule of rates.
> § 25.5 Badges and uniforms.
>
>
>
>
> Authority: Secs. 1–3, 39 Stat. 535, as amended, sec. 1, 47 Stat. 1420,
> secs. 1, 2, 67 Stat. 495, 496; 16 U.S.C. 1, 1b, 1c, 2, 3, 9a E.O. 6166, June
> 10, 1933.
> Source: 24 FR 11060, Dec. 30, 1959, unless otherwise noted.
> § 25.1 Scope.
> The regulations in this part are made prescribed and published for the
> regulation and maintenance of licensed guide service at all national
> military parks where such service has been established or hereafter may be
> authorized in the discretion of the Secretary of the Interior upon the
> recommendation of the Director of the National Park Service.
> § 25.2 License.
> (a) No person shall be permitted to offer his services or to act as a guide
> unless licensed for that purpose by the superintendent. Any person desiring
> to become a licensed guide shall make application to the superintendent in
> writing for authority to take the examination for a license as guide.
> (b) Guides shall be of good character, in good physical condition, honest,
> intelligent, tactful, and of good repute. They must be thoroughly familiar
> with the history of the events which the park commemorates and with the
> location of all memorials. It is their duty to escort visitors to the
> various parts of the park and point out different historical features. The
> story of the guides shall be limited to the historical outlines approved by
> the superintendent and shall be free from praise or censure.
> (c) Examinations will be held at parks where a licensed guide service is
> authorized, at times to be designated by the Director of the National Park
> Service, for the purpose of securing a list of eligibles for such service.
> The examination will consist of an investigation of the character,
> reputation, intelligence, and ability of the applicants, and of questions
> designed to test their knowledge of the history of the battle, or features
> of historical interest, the markings of the park, the rules and regulations
> promulgated for the government of the park, and the regulations governing
> the guide service. Examination questions will be prepared under the
> direction of the Director of the National Park Service, who will likewise
> supervise the marking of examination papers and the rating of applicants.
> (d) The names of applicants who successfully pass the examination will be
> placed on a list of eligibles and selected in accordance with their relative
> standing.
> (e) Each person licensed to act as a full-time guide will be issued a
> license in the following form:
> ____________(Place) ____________(Date)
> ____________, having successfully passed the examination prescribed for
> license, is hereby licensed to offer his service as a guide to visitors.
> This license is issued subject to the condition that the licensee shall
> comply with all the rules and regulations prescribed for guide service by
> the Secretary of the Interior and with the prescribed schedule of rates,
> copies of all of which have been furnished to him.
> This license will be renewed at the expiration of one year from the date of
> issue, provided the rules above-mentioned have been fully complied with and
> services rendered satisfactorily.
> Failure to act as a guide for any period exceeding 30 days between June 1
> and August 31 automatically suspends this license. Renewal under these
> conditions will only be made following proper application to and approval by
> the park superintendent. During other times of heavy visitation, and
> especially on week ends and holidays, any and all guides are subject to call
> for duty unless excused by the park superintendent or his representative.
> ____________ Superintendent, ____________ National Military Park.
> (f) Each person licensed to act as a temporary or part-time guide, during
> periods of heavy visitation, will be issued a license in the following form:
> ____________(Place) ____________(Date)
> ____________, having successfully passed the examination prescribed for
> license, is hereby licensed to offer service as a guide to visitors. This
> license is issued subject to the condition that the licensee shall comply
> with all the rules and regulations prescribed for guide service by the
> Secretary of the Interior, copies of which have been furnished to him.
> This license shall continue in effect for a period of ____ days beginning
> ____ unless revoked prior to the expiration of such period for failure to
> comply with the condition set out herein.
> ____________ Superintendent, ____________ National Military Park.
> (g) Before being issued a license to act as a guide, each applicant will be
> required to subscribe to the following agreement:
> ____________(Place) ____________(Date)
> To Superintendent, ________ National Military Park.
> For and in consideration of the issuance to me a license to act as guide, I
> hereby accept and agree to observe fully the following conditions:
> 1. To abide by and observe the laws and all rules and regulations
> promulgated for the government of the park and for the regulation of guide
> service.
> 2. In case of difference of opinion as to the interpretation of any law,
> rule, or regulation, to accept the decision of the superintendent.
> 3. To accord proper respect to the park rangers in their enforcement of the
> rules and regulations.
> 4. To require drivers of all vehicles, while under my conduct, to observe
> the park rules and regulations.
> 5. To be watchful to prevent damage to, or destruction of, park property or
> acts of vandalism affecting monuments, buildings, fences, or natural
> features of the park, to report any such damage, destruction, or vandalism
> which I may observe to the nearest available ranger without delay, and to
> furnish him with all information in my possession tending to identify the
> offenders and assist in their apprehension and punishment.
> 6. To demand of visitors not more than the authorized fees for guide service
> and, when employed, to render service to the best of my ability.
> 7. To advise visitors who employ me, in advance, the length of time needed
> for a trip and its cost and, if visitors desire a shortened tour, to arrange
> for such service as may suit their convenience.
> 8. (a) Not to operate for hire any passenger vehicle or other vehicle of any
> kind, while pursuing the vocation of guide or wearing a guide's badge or
> uniform.
> (b) Not to operate a visitor's motor vehicle unless I hold a valid motor
> vehicle operator's license issued by the State in which the national
> military park is located.
> (c) Not to charge an extra fee for operating a visitor's motor vehicle.
> 9. In the event my license should be suspended or revoked by the
> superintendent, to refrain from offering my services or pursuing the
> vocation of guide, pending appeal to and decision of the Director of the
> National Park Service.
> 10. To return the license and official badge without delay to the
> superintendent should my license be revoked or suspended for more than 5
> days or upon abandoning the occupation of guide.
> 11. While wearing the badge of a guide or any uniform or part of a uniform
> indicating me to be a guide, I will not act as agent, solicitor,
> representative, or runner for any business or enterprise whatever (except in
> offering my services as a guide to visitors), nor solicit nor accept from
> any person, firm, association, or corporation any fee, commission, or
> gratuity for recommending their goods, wares, or services.
> (Signed)____________________
>
> (80 Stat. 383; 5 U.S.C. 553)
> [24 FR 11060, Dec. 30, 1959, as amended at 30 FR 8222, June 26, 1965]
> § 25.3 Supervision; suspensions.
> (a) The guide service will operate under the direction of the superintendent
> or his designated representative. Records will be kept of the efficiency of
> the guides and of all matters pertaining to the service.
> (b) Superintendents are authorized to suspend any guide for violation of the
> regulations or for conduct prejudicial to the interests of the Government. A
> full report of the facts attending each suspension will be made to the
> Director of the National Park Service. The license of a guide who has been
> suspended indefinitely will not be renewed without the approval of the
> Director of the National Park Service.
> § 25.4 Schedule of rates.
> As the conditions of each park differ with respect to the proper charge for
> the service rendered to the public, the schedule of rates for observance by
> the licensed guides at each separate park will be submitted to the Director
> of the National Park Service for approval. The superintendent will prepare
> itineraries arranged so as best to observe the different features of the
> battlefield and submit them with recommendations as to schedule of rates to
> the Director of the National Park Service for approval.
> § 25.5 Badges and uniforms.
> Licensed guides will be furnished with official badges as evidence of their
> authority, which shall remain the property of the Government and be returned
> to the superintendent upon relinquishment or revocation of the license as a
> guide. Where conditions warrant it and its purchase would not prove a
> hardship on the guides, they may be required to adopt a standard uniform, to
> be procured at their own expense.
>
> -------------- Original message --------------
> From: manassas1 at comcast.net
>
> > Esteemed GDG Member Contributes:
> >
> >
> > Esteemed Members......
> >
> > Just my two cents worth......If the park does the licensing, I would think
> they
> > have the final say.
> >
> > My boss doesn't always concede to my ideas or suggestions either. Funny
> how
> > things work that way.
> >
> > Life's too short. If it's not life-threatening, I move on.
> >
> > Eileen Murphy
> > Bristow, VA
> >
> > -------------- Original message --------------
> > From: vezzgj at comcast.net
> >
> > > Esteemed GDG Member Contributes:
> > >
> > >
> > > Jim,
> > > That's the problem. The guides have approached the Park to work out the
> > > differences but the park's attitude is to take it or leave it. In the
> past,
> > the
> > > guides have met the park more than half way on a variety of measures,
> but the
> > > park never concedes anything back.
> > > Gary
> > >
> > >
> > > -------------- Original message --------------
> > > From: JIM COOKE
> > >
> > > > Esteemed GDG Member Contributes:
> > > >
> > > >
> > > > Related story from the Gettysburg Times:
> > > > http://www.gettysburgtimes.com/news/front1.shtml
> > > >
> > > > It's very distressing that two organizations with the same objectives
> cannot
> > > > come to agreement on these issues.
> > > > ----- Original Message -----
> > > > From: Robert Lawrence
> > > > To: GDG
> > > > Sent: Mon, 24 Dec 2007 14:14:37 -0500 (EST)
> > > > Subject: GDG- Tour guide group to fight new rules at Gettysburg
> Battlefield
> > > >
> > > > Esteemed GDG Member Contributes:
> > > >
> > > >
> > > > http://www.centredaily.com/news/state/story/297467.html
> > > >
> > > >
> > > > ----------------------------------------------------------------
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