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Temps can no longer bargain alongside regular employees

by on
in Employment Law,Human Resources

Good news for employers: A new National Labor Relations Board (NLRB) ruling makes it much more difficult for temporary employees to join the same union as the organization's permanent employees.

In a 3-to-2 vote, the NLRB overturned a Clinton-era ruling that gave temps the new right to join a company's union if they did the same work alongside full-time employees and worked under the same supervision. (M.B. Sturgis, 331 NLRB 1298) That decision in 2000 sent shock waves through the employer community and the temp-help industry.

This new NLRB decision overturns that ruling. It doesn't completely prevent temps from joining a union. But it says that both the temp agency and the organization where the temp works must consent to the bargaining arrangement, which is highly unlikely.

You can read the NLRB's decision and statement on the case (Oakwood Care Center and N&W Agency, Inc., 343 NLRB No. 76) at www.nlrb.gov/ nlrb/shared_files/weekly/w2975.htm.

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