NLRB Says Employer Consent Is Not Required for Bargaining Units of Solely and Jointly Employed Workers

August 16, 2016

In the U.S. National Labor Relations Board’s (NLRB) recent decision in Miller & Anderson, Inc., 364 NLRB No. 39 (July 11, 2016), the Board continued its expansion of the obligations of entities that do not directly employ workers who perform services for them, ruling that joint employers need not consent to bargaining units comprised of both solely and jointly employed workers. This follows the Board’s liberalization, in Browning-Ferris Industries of California, Inc., NLRB No. 186 (Aug. 27, 2015), of the standard for determining whether two or more entities constitute “joint employers” under the National Labor Relations Act (the “NLRA” or the “Act”).1 The Board’s 3-1 decision was not unexpected, but nevertheless highlights the increasing risks faced by employers with respect to non-traditional work relationships, such as the retention of workers through professional employer organizations and staffing agencies.

Read "NLRB Says Employer Consent Is Not Required for Bargaining Units of Solely and Jointly Employed Workers".