On July 11, 2016, the National Labor Relations Board (the “NLRB” or “the Board”) upended more than a decade of precedent and held that a single bargaining unit may be comprised of an employer’s direct hires and the temporary workers provided by a “joint employer” without prior consent from either employer. In the case, Miller & Anderson, Inc. (364 NLRB 39), the Board expressly rejected standing precedent and prescribed the return to a standard that makes it easier for unions to organize employees working for joint employers into a single bargaining unit. The Miller & Anderson decision reflects the NLRB’s increased commitment to expand the joint employer doctrine. Employers who provide or use temporary workers and/or are in engaged in joint employer relationships should take note.
Continue Reading NLRB Finds Increased Use of Joint Employees Justifies Removal of Barriers to Organization