• Labor Board Expands Unions’ Ability To Organize “Bargaining Units” That Include Staffing Agency Employees
  • July 26, 2016 | Authors: Devin C. Dolive; Ronald W. Flowers; Bryance Metheny; Matthew T. Scully
  • Law Firm: Burr & Forman LLP - Birmingham Office
  • On July 11, 2016, the Labor Board released its long-anticipated decision in Miller & Anderson, Inc., 364 NLRB No. 39 (2016). This case revives a rule from the Clinton-era Labor Board, namely the rule from M.B. Sturgis, Inc., 331 NLRB 1298 (2000) -- previously overruled in 2004 -- and alters Board procedures for handling union-petitions involving employees of staffing agencies (and potentially other on-site contractors). Unless the courts intervene, it may now be possible for staffing agency employees to be part of the same “bargaining unit” as the host employer’s own employees, even without the employer’s consent.