If the members of the proposed bargaining unit are found to share a community of interest, they will be deemed an appropriate bargaining unit. If that bargaining unit votes for Union representation, it will require the employer to bargain with a much larger swath of the workforce regarding their terms and conditions of employment. However, an employer will only be obligated to bargain over the jointly-employed workers’ terms and conditions of employment for those employees over which it “possesses the authority to control”, arguably leaving the scope of the ruling open to subsequent interpretation.
This recent ruling overturned a 2004 decision, which held that solely employed and jointly employed workers could not be in the same bargaining unit without employer consent, but this 2004 decision overturned a decision from 2000, known as the Sturgis rule. Under that rule from 2000, employer consent was not required if the temporary employees from a staffing agency could be included in the same unit with traditional workers if they shared an adequate “community of interest.” The dissenting board member in this week’s case argued that the majority ruling substantially enlarged the expanded joint-employer platform promulgated by the NLRB in the 2014 case of Browning-Ferris.
This return to the Sturgis rule, and the ever-increasing scope of joint employer liability under NLRB decisions, requires employers to carefully consider which, if any, positions it chooses to fill with temporary employees.
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Las Alertas electrónicas son escritas por abogados de Barran Liebman para sus clientes y amigos. Las Alertas no son proveídas como asesoramiento legal, sino solo como anuncios de leyes de empleo, leyes laborales y beneficios de empleo. Si esto ha sido remetido a usted y quisieras empezar a recibir las Alertas directamente, por favor mándanos un correo electrónico o llama a Traci Ray al 503-276-2115. Derechos de autor ©2017 por Barran Liebman LLP.