GDG- Tour Guides at Gettysburg

[Margaret D. Blough]

J.D.

This is the last I have to say about this at this time, since I do thing that we should wait for the outcome of the meeting between the NPS and the ALBG. 

I have no idea how the income is reported.  That information would come from either the NPS or the ALBG.

As I asked in another response to you, on what possible basis would any state have jurisdiction over the relationship between an agency of the federal government and its contractor? The Supremacy Clause, part of Article VI of the Constitution of the United States, mandates: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."  The rule-making (regulatory) authority of government agencies derives from their statutory authority.
 

Regards,

Margaret

-------------- Original message -------------- 
From: "J. David Petruzzi" <jaydee at pennswoods.net> 

> Esteemed GDG Member Contributes: 
> 
> 
> One question, however: Do the LBG's get 1099s or W2s from the NPS, or 
> neither? 
> 
> And licensing of ICs is indeed addressed by the State's employee laws - 
> which is what I'm under as well. What I'm saying is, the regulations, 
> regardless of what they say, may not actually dictate what the NPS can and 
> cannot do in this new proposal, and I'm sure that employment attorneys would 
> have differing opinions on this subject. 
> 
> In my case, I'm an IC licensed by various entities. They cannot, however, 
> take control over how I'm paid beyond what I agree to in my contract (it 
> cannot be unilaterally decided by either party). Only a statutory em ployer 
> can do that (one who issues a W2). So in other words, if attorneys were to 
> get involved in this issue, it may not be so cut and dried as it might seem 
> from a reading of these regulations. 
> 
> J.D. 
> 
> J. David Petruzzi 
> My blog: http://petruzzi.wordpress.com 
> My book: http://www.stuartsride.com 
> 
> 
> 
> >>Thank you Margaret, you expressed my thoughts exactly on this subject, but 
> in much better language. The NPS issues licenses and the NPS can take them 
> away! 
> Lisa Malandra>> 
> - 
> > 
> > I'm astonished at how freely people are rendering opinions on this subject 
> > and even taking sides by uncritically accepting what is said in the 
> > article without doing the most basic research on the subject. The 
> > relationship between LBGs and park visitors is not a private matter 
> > b etween guides and visitors nor is it a matter governed by state law. It 
> > is, most assuredly, the National Park Service's business to become 
> > involved in the monetary relationship between guide and visitor. 
> > 
> > The "L" in LBG is for "Licensed". The licensing and all other aspects of 
> > the relationship between a national military park and a license 
> > battlefield guide is controlled by rules promulgated under the regulatory 
> > authority of the National Park Service, specifically Title 36, Part 2 of 
> > the Code of Federal Regulations (CFR). 
> 
> 
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