Harrisburg Workers Compensation Attorney
Call now to Speak to an Attorney 717-238-1657

Organizing Temporary Employees Under the National Labor Relations Act

With the prevalence of temporary employment agencies and temporary workers in the workforce, it has been difficult for Unions to organize temporary workers who enter a previously organized workplace.  In Oakwood Care Center, 343 NLRB 659 (2004) the National Labor Relations Board (NLRB) ruled that bargaining units that combine employees who are solely employed by a user employer and employees who are jointly employed by that same user employer and an employer (temp agency) supplying employees to the user employer constitute multi-employer units, which are appropriate only with the consent of the parties.  In other words, both the employer and the temp agency must consent before the regular full time employee and the temporary employees could be represented by a Union.  That has changed.  In Miller & Anderson, Inc. and Tradesman and Sheet Metal Workers International Association, Local Union No. 19 the NLRB overruled their previous decision in Oakwood Care Center and found Employer consent is not necessary for units that combine jointly employed and solely employed employees of a single user employer. Instead, the NLRB will apply the traditional community of interest factors to decide if such units are appropriate to be combined in a bargaining unit.

This should make it easier for Unions to organize temporary employees who are brought in to the workplace.

Ira H. Weinstock, P.C. is located in Harrisburg, PA and serves clients in and around Southeast Pennsylvania. Contact our experienced Harrisburg attorneys today, we can travel if necessary.

800 North 2nd Street, Harrisburg, PA 17102
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

No content on this site may be reused in any fashion without written permission from www.paworkerscompensation.law.
Managed by MileMark Media

© 2015 - 2017 Ira H. Weinstock, P.C., Attorneys at Law. All rights reserved.
This law firm website is managed by MileMark Media.

Contact Form Tab