Miller & Anderson, Inc. and Tradesman International and Sheet Metal Works International Association, Local Union No. 19, AFL-CIO (Case 05-RC-079249)
Click on the above link to go to the full NLRB ruling.
On July 11, 2016 in the Miller & Anderson case, the National Labor Relations Board (NLRB) decided that temporary workers can seek to be organized along with the company’s direct hires in a single unit as long as community of interest factors are met. The change in this decision is that it is no longer necessary for this group of workers to get the consent of the employer. This shifts the power from the employer to the employee as the employees can now decide whether they want to organize as separate units or together.
This decision goes hand-in-hand with the Browning-Ferris Indus. Of Cal., Inc. case (August 27, 2015) in which the NLRB changed its more than 30-year stance on determining whether 2 or more companies have a joint employer relationship. In that ruling the NLRB decided:
“Under this standard, the Board may find that two or more statutory employees if they ‘share or co-determine those matters governing the essential terms and conditions of employment.’”
That decision means that companies are now subject to union representation attempts and collective bargaining for not only their immediate employees but also for contracted employees when a joint employer’s relationship is deemed to exist.
This latest ruling takes that decision a step further in that employees and contracted employees (including from potentially several different staffing agencies) can decide whether to bargain as a single unit without any consent whatsoever from the employer. The decision has been completely taken out of the employer’s hands.
“This Temporary Worker Ruling makes it easier for unions to organize across potentially several different companies at once. In addition, it helps the union make inroads into the staffing agency(ies) at the same time. This decision has the potential to be a very big win/win for unions.”
~John Hawkins, MPI Consulting President | CEO
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