Until now, if temp workers wanted to unionize into the same bargaining units as permanent workers, both bosses—the one running the workplace, and the staffing agency “employing” the temps—had to agree. Which: Ha ha ha ha ha, yeah, no. That requirement dates back to the George W. Bush administration, of course, but now President Obama’s National Labor Relations Board has called for a return to an earlier standard:
In this new ruling from Miller & Anderson, Inc., the Board returns to a standard set in 2000, during the Clinton administration, in a case called M.B. Sturgis, Inc., which was overruled in Oakwood.
Under Sturgis, and now Miller & Anderson, permanent and jointly employed workers can negotiate in the same unit if they are employed by the same primary employer, and if they share a “community of interest.”
In a statement announcing the ruling, the NLRB said, “requiring employer consent to an otherwise appropriate bargaining unit desired by employees, Oakwood has … allowed employers to shape their ideal bargaining unit, which is precisely the opposite of what Congress intended.”
In short, this is undoing an obstacle in the way of workers organizing, taking a piece of power away from employers and giving it to workers. And it is, Erik Loomis writes, “why I have zero patience with anyone voting for Jill Stein.”
This blog originally appeared at DailyKos.com on July 16, 2016. Reprinted with permission.
Laura Clawson has been a Daily Kos contributing editor since December 2006. Labor editor since 2011