On July 11, the National Labor Relations Board (NLRB) issued a ruling that will make it easier for unions to organize bargaining units. The ruling stipulates that bargaining units can include the user employer’s employees, those employees who work for the owner of the business located at the facility, as well as supplier employees, or those employees who work at the user company but are supplied by other employers.
The ruling, Miller & Anderson, Inc., states that employees who work for a user employer—including those employees the user employer alone employs and those employees it jointly employs through arrangement with an employment agency or other supplier—do not have to obtain employer consent to be represented in a single bargaining unit as long as the user and supplier employees share a community of interest.
This case returned to the NLRB’s ruling in the M.B. Sturgis, Inc. case, which supported the position that where a supplier employer provides employees to a user employer, the user and supplier employer have joint employer control over the supplier employees who work side by side with the user employees.
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