Under current National Labor Relations Board (NLRB) standards, a union can organize a bargaining unit of an employer's regular employees and temporary employees supplied by a staffing agency only if both the employer and the staffing agency consent. That, however, may soon change. On May 18, 2015, the NLRB granted review of a regional director's dismissal of a union election petition seeking to organize in a single bargaining unit (1) an employer's regular employees, (2) temporary employees jointly employed by the employer and a staffing agency, and (3) temporary employees employed solely by the staffing agency. By granting review, the NLRB appears poised to revive M.B. Sturgis, Inc., 331 NLRB 1298 (2000), which was overturned more than a decade ago. In doing so, the NLRB may permit unions to organize in one bargaining unit both company employees and staffing agency employees without either employer's consent.
For details about the NLRB's potential revival of M.B. Sturgis, click here.
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