The National Labor Relations Board last week invited interested parties to file briefs regarding whether it should permit bargaining units comprised of both regular employees and temporary workers provided by a staffing agency to form without employer approval.

In Miller & Anderson, the NLRB is re-examining a prior decision that a union can organize a bargaining unit of temporary employees and the user employer’s regular employees only if both employers consent.

In Miller & Anderson, a Sheet Metal Workers International union is asking the board to overrule the conclusion in Oakwood Care Center, which imposed the stricter organizing rules, and revert to earlier case law established with M.B. Sturgis, Inc., in which the board found the scope of the bargaining unit should be delineated by the work being performed for a particular user employer, thus allowing for temporaries to organize without joint employer approval.

Staffing Industry Analysts published a Staffing Law Update regarding the Miller & Anderson review, available to CWS Council members.

Briefs must be submitted on or before Aug. 5.