White Paper

NLRB Finds Increased Use of Joint Employees Justifies Removal of Barriers to Organization

 
“On July 11, 2016, the National Labor Relations Board (the “NLRB” or “the Board”) upended more than a decade of precedent and held that a single bargaining unit may be comprised of an employer’s direct hires and the temporary workers provided by a “joint employer” without prior consent from either employer. In the case, Miller & Anderson, Inc.(364 NLRB 39), the Board expressly rejected standing precedent and prescribed the return to a standard that makes it easier for unions to organize employees working for joint employers into a single bargaining unit. The Miller & Anderson decision reflects the NLRB’s increased commitment to expand the joint employer doctrine. Employers who provide or use temporary workers and/or are in engaged in joint employer relationships should take note.

In Miller & Anderson, the NLRB addressed the Sheet Metal Workers International Association’s petition to represent a bargaining unit of all sheet metal workers employed by Miller & Anderson (a mechanical and electrical contractor) in a particular area.”

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Lindsay Colvin is an associate in the Labor and Employment Practice Group in Sheppard, Mullin, Richter & Hampton LLP’s New York office. She was an extern to the Honorable Cathy Seibel, United States District Court for the Southern District of New York.

Faculty

Lindsay Colvin

Sheppard, Mullin, Richter & Hampton LLP

Agenda

Faculty

Lindsay Colvin

Sheppard, Mullin, Richter & Hampton LLP

Lindsay Colvin is an associate in the Labor and Employment Practice Group in the firm's New York office.

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