Siegel, O'Connor, O'Donnell & Beck, P.C.
Siegel, O'Connor, O'Donnell & Beck, P.C. is a Connecticut-based law firm with a national reputation in the practice specialty of labor and employment law. Our firm is dedicated exclusively to the representation of employers in the complex dynamic of labor and employment law matters in the workplace.
We have counseled private and public sector management clients on labor and employment issues for 50 years. Because of our extensive involvement in the representation of clients in labor and employment law, our Firm is able to provide clients with unmatched experience, focus and depth that results in excellent and cost-effective legal service, strategy, and solutions.
CLIENT ALERT: NLRB Rules Temporary Employees Can Be Part of Bargaining Units
On Monday, July 11, 2016, the National Labor Relations Board (“NLRB”) released a decision, Miller & Anderson, Inc., No. 05-RC-079249, which makes it easier for temporary workers to be included in a single bargaining unit with their permanent counterparts.
In Miller, the NLRB overturned a Bush-era standard that provided that a group of jointly employed temporary workers could not unionize with permanent employees without the approval of both of their employers: the permanent employer and the temporary staffing agency. Now, Union petitioners seeking to represent employees in bargaining units that combine both solely and jointly employed employees may do so without employer consent if those employees are: (1) employed by the same primary employer, and (2) share a “community of interest.”
The Board further ruled that a primary employer will be required to bargain regarding all terms and conditions of employment for permanent unit employees it solely employs. However, it will also be obligated to bargain over the terms and conditions of employment over those temporary workers which it jointly employs and which it possesses the authority to control.
Given this decision and the Board’s decision in Browning-Ferris Industries, which loosened the definition of “joint employer”, it is likely that more companies will be deemed to be joint employers that must bargain with a larger and more powerful “mixed” bargaining units consisting of both temporary and permanent workers.
By handing unions this victory, employers will now have to reevaluate whether using temporary placement agencies and subcontractors is a cost-effective business plan.For further guidance on complying with these changes, please contact Siegel O’Connor O’Donnell and Beck, P.C.