Flip-Flops, Not Just For the Beach or Boardwalk: NLRB (Again) Buries Consent Requirement for Bargaining Units with Temps

Seyfarth Synopsis: Overturning decade old precedent, the Board found that temporary workers supplied by a staffing agency may be included in a bargaining unit with regular employees of a host employer without the consent of both employers. The Board will apply “traditional community of interest” factors in determining whether such a unit is appropriate.

 

On Monday, in a 3-1 decision, Miller & Anderson, Inc. et. al., 364 NLRB No. 39 (July 11, 2016), (Decision) the NLRB overturned its prior precedent and continued its efforts to expand the joint-employer platform by making it substantially easier for temporary workers to be included in bargaining units with employees of the user employer.

 

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