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  1. #1
    Taking A Stand!!!

    Join Date
    Jul 2009
    Local Union
    492
    Employer
    ABF
    Location
    Albuquerque, NM
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    Default NLRB Rules that Employers’ Consent No Longer Needed...

    In a case called Miller & Anderson, Inc. the NLRB made organizing many workplaces much easier. Yesterday the Board ruled that employers no longer needed to give consent when a union files a representation petition seeking to represent a bargaining unit that combines both solely and jointly employed employees of a single user employer.

    Under former case law, if the employer which supplied the labor and the employer who used the labor failed to consent, the Board would not process the petition to an election.

    To maintain such a petition, the union still must show that the two groups – the employees solely employed by the employer – and- the employees being supplied by an outside company - share a community of interest. Frequently, this can be demonstrated by the agency employees being subject to control by the user company, that is to say, the user company schedules, supervises and disciplines the agency employees, or has the right to do so under the contract that exists between the user employer and the supplier employer.

    This decision represents an extension of Board case law which recently held that joint employer status exists when one employer retains the right to control an employee supplied by a subcontractor even though the employer does not actually use the right.
    NLRB Rules that Employers

  2. #2
    Taking A Stand!!!

    Join Date
    Jul 2009
    Local Union
    492
    Employer
    ABF
    Location
    Albuquerque, NM
    Posts
    41,944
    Rep Power
    921

    Default Re: NLRB Rules that Employers’ Consent No Longer Needed...

    The IBT press release.

    NLRB Ruling Makes it Easier to Organize

    The Teamsters, the broader labor movement and most importantly American workers received good news from the National Labor Relations Board (NLRB) yesterday when it ruled that company employees and long-term temps working for the same employer can organize and seek fairer wages and labor conditions together as one unit without seeking permission of the employer.
    So what does that really mean? As the American Prospect sees it, it’s a big victory for hard-working Americans:

    “In an increasingly fractured world of labor relations, it’s hard to understate how big of a deal this is for easing union organizing efforts. And coming less than a year after its Browning Ferris ruling that established a bold new standard for defining when parent companies are joint employers of subcontracted workers, the Miller & Anderson decision is yet another important step that increases employer accountability to their workers by expanding the responsibilities of joint employers.”
    https://teamster.org/blog/2016/07/nl...asier-organize

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