Miller & Anderson, Inc.

NLRB Adopts Ruling That Discourages Temporary Work Agreements

U.S. Chamber's Position: 

In its brief, the U.S. Chamber urged the National Labor Relations Board (“NLRB”) to continue to adhere to its 2004 decision, Oakwood Care Center, which requires employer consent before a bargaining unit can be recognized that includes workers employed solely by one employer alongside individuals employed jointly by that company as well as a separate company providing temporary labor.

In its amicus brief, the Chamber explained that overruling Oakwood would discourage temporary work agreements.  Such arrangements are mutually beneficial to both employers and workers because those arrangements help stabilize an employer’s workforce and avoid layoffs, short work weeks, and temporary shutdowns that otherwise would be necessary as business expands and contracts.

W. Melvin Haas, III and Charles P. Roberts III of Constangy, Brooks, Smith & Prophete LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Outcome: 

The NLRB decided to overrule its decision in Oakwood Care Center and return to its former M.B. Sturgis decision, permitting bargaining units to combine leased employees with regular employees in a single bargaining unit.

Procedural History: 

Review granted 5/19/2015. U.S. Chamber amicus brief filed 9/18/2015.

Decided 7/11/2016.