NLRB Returns To Standard Allowing Temp Agency Employees To Belong To Same Bargaining Unit As Workers Employed By The User Employer

In Miller & Anderson, Inc., 364 NLRB No. 39 (July 11, 2016), in a 3-1 decision, the NLRB overruled an earlier decision and held that the National Labor Relations Act permits unions to seek and represent bargaining units that combine employees from temp agencies assigned to work at a user employer, with the user employer’s employees, even if the employers do not agree.