NLRB Abolishes Consent Requirement for Joint Employees

By Michael Cork, Esq.

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Earlier today, the National Labor Relations Board reversed a Bush-era standard—Oakwood Care Center, 343 NLRB 659 (2004)—which held that an employer and a staffing agency (joint employers) must consent before an NLRB election covering both temporary workers and regular employees can occur. The Board returned to a standard established in M.B. Sturgis, Inc., 331 NLRB 1298 (2000), that employer consent isn’t required.

Under Sturgis, an employer using temporary and regular employees will be required to bargain regarding all terms and conditions of employment for regular employees. But it will only be required to bargain over the terms and conditions of joint-employees which it has the authority to control.

This article is intended for informational purposes only and should not be treated or interpreted as legal advice. For specific advice, contact the attorney of your choice.
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