April 22, 2019

April 22, 2019

Subscribe to Latest Legal News and Analysis

April 19, 2019

Subscribe to Latest Legal News and Analysis

NLRB Considers Combining Employees, Contract Labor in Bargaining Units

The National Labor Relations Board (NLRB), via today’s announcement, is inviting interested parties to submit briefs on whether it should permit bargaining units comprised of both regular employees and temporary workers provided by a staffing agency. For the last decade the NLRB has consistently held that these two groups of employees should not be included together for purposes of collective bargaining.

Any private sector employer utilizing contract labor or staffing agencies to supplement its regular workforce faces the prospect of being held jointly liable with the staffing agency for union campaigns, unfair labor practices and union negotiations.

Interested parties have until August 5, 2015 to file briefs. A decision from the NLRB will follow sometime after that date. The NLRB’s action in requesting briefs is a signal of its desire and intent to change the law to permit the inclusion of “jointly employed” employees in the same bargaining unit. Employers should analyze their employee groups, staffing arrangements and contracts with staffing agencies to prepare for this change.

© Copyright 2019 Armstrong Teasdale LLP. All rights reserved

TRENDING LEGAL ANALYSIS


About this Author

Robert A Kaiser, Employment, Labor, Attorney, Armstrong Teasdale, Law firm
Partner

Bob Kaiser is a member of the Employment and Labor practice group representing emerging and mature businesses in labor and personnel-related disputes. Because employment and labor laws and regulations continue to evolve, he deftly guides management in creating “fences” and boundaries to assess risks and decrease litigation.

A portion of Bob’s practice includes traditional labor law, a focus he has had for more than 25 years. For small- to mid-sized organizations, he handles labor union relations such as union avoidance, collective bargaining, elections, strikes, picketing and other...

314-342-4153
Bradley M. Bakker, Employment, Labor, Attorney, Armstrong Teasdale, Law Firm
Associate

Bradley Bakker is an experienced employment and labor litigator whose clients include public and private companies as well as educational institutions. He defends employers in state and federal courts and before the Equal Employment Opportunity Commission and other administrative bodies.

314-342-8069
Jeremy M. Brenner, Labor Law Attorney, Armstrong Teasdale Law firm
Associate

Jeremy Brenner, a member of Armstrong Teasdale’s Employment & Labor and Non-Compete/Trade Secrets practice groups, combines his experience and education in human resources and law to provide clients with a unique perspective on the challenges they face in the workplace. In addition to providing guidance, he is both a trial attorney and a certified mediator who is trained to assist parties in amicably resolving disputes without resorting to the time and expense of traditional litigation.

314-342-4184
Daniel K. O'Toole, Litigation Attorney, Armstrong Teasdale Law Firm
Partner

Dan O’Toole, a respected leader and trial strategist, heads Armstrong Teasdale’s Litigation practice group and is a key member of the firm’s executive and management committees.

In his practice, Dan defends employers against a broad range of complaints and threats of legal action involving workplace situations. Because of his background and achievements in employment and labor law, Dan has been recognized repeatedly by Chambers USA, The Best Lawyers in America, Super Lawyers and for the last several years was included as one of the “Top 50”...

314-552-6612