Friday, July 10, 2015

Can Temps Unionize? We’ve Seen This Movie Before

On July 7, the National Labor Relations Board invited briefs in a case where temp workers, who were employed side-by-side with unionized workers, were disallowed from joining that union (called a unit accretion). The Clinton NLRB ruled in M.B. Sturgis, Inc. (331 NLRB 1298) that temps could join. The Bush Board reversed that in Oakwood Care Center  (343 NLRB 659). Looks like the Obama Board is returning to the ruling in Sturgis. Impact? Significant … most large workforces supplement with temps who work long stretches with core employees. If you want to send the NLRB a comment in the new case, Miller & Anderson, Inc., see this: https://www.nlrb.gov/news-outreach/news-story/board-invites-briefs-miller-anderson-inc

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