White Paper

NLRB Allows Unions to Combine Temporary Employees with Permanent Employees for Organizing Efforts

 
“On July 11, 2016, the National Labor Relations Board (‘NLRB’ or the ‘Board’) used its expanded joint employer doctrine to incorporate temporary and permanent employees into a single bargaining unit when the employee groups share a sufficient community of interests. Formerly, unions had to obtain the consent of both employers to combine temporary and permanent employees into one unit. In Miller & Anderson, Inc. (364 NLRB 39), however, the Board returned to a ‘community of interests’ factor test that it says is more aligned with its mandate ‘to assure to employees the fullest freedom in exercising the rights guaranteed’ by the National Labor Relations Act.

Miller & Anderson, Inc. overturns a 2004 Board decision, Oakwood Care Center (343 NLRB 659), which classified temporary and permanent employee bargaining units as multi-employer units that require the consent of both employers for purposes of establishing a single bargaining unit. The Oakwood Care Center Board reasoned that the permanent and temporary employers were entirely independent businesses with nothing in common except that they operate in the same industry. However, the Board in Miller & Anderson, Inc., determined that the recently expanded joint employer doctrine more appropriately characterized the relationship.”

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Faculty

Robert J. Simandl

Robert J. Simandl

von Briesen & Roper, s.c.

Agenda

Faculty

Robert J. Simandl

Robert J. Simandl

von Briesen & Roper, s.c.

  • Founding member and principal at Simandl Law Group, S.C.
  • More than 25 years of experience advising clients on a wide range of employee benefit, labor and employment law issues
  • Counsels employers on all aspects of workplace compliance responsibilities
  • Served as an advisor to several legislators in drafting the federal Family and Medical Leave Act and served on the Wisconsin Family and Medical Leave Task Force
  • Frequent speaker and has written numerous pubilcations
  • J.D. degree, cum laude, Marquette University Law School; Undergraduate degree, with honors, Univeristy of Wisconsin-Milwaukee
  • Can be contacted at 262-923-8651 or [email protected]

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