In what is believed to be the first decision of its kind, a National Labor Relations Board Regional Director in Baltimore has justdecided that workers supplied by a temporary staffing agency to clients on a short-term project basis are employees of the staffing firm, constitute a unit appropriate for collective bargaining and can, therefore, be organized by a union.
Rejecting an argument by the employment service company that the employees are temporary because they do not have any expectation of continued employment, the Regional Director ordered an election among the Company's six employees on representation by Local 11 of the Laborers' International Union of North America.
Unions may start using this new decision to organize temporary labor staffing companies as an opening into the workforce of the main employer which is using the service.
Please call if you want to discuss.
E. Fredrick Preis, Jr
BREAZEALE, SACHSE & WILSON, L.L.P.
Labor & Employment Law Section
909 Poydras St., Suite 1500
New Orleans, Louisiana 70112-4004
(504) 584-5470 - direct dial
(504) 584-5452 - facsimile