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NLRB rules on temps, regular workers in same unit

Returning to longstanding precedent, the National Labor Relations Board (NLRB) has ruled that temporary workers obtained from a labor supplier cannot be included in a bargaining unit with permanent workers unless both the supplier-employer and the user-employer consent. According to the majority, allowing such units without consent opens the door to significant conflicts among the various employers and groups of employees participating in the collective bargaining process, and places the employers in the position of negotiating with one another as well as with the union.

     The decision overrules a Board ruling from 2000 that had found such units permissible without consent. Before that 2000 decision, units combining jointly employed workers and workers employed solely by the user-employer had long been considered multi-employer units requiring consent under Section 9(b) of the National Labor Relations Act.

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