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Date: March 22, 2001 at 20:39:11
From: webmaster,
Subject: Unions Win In Ruling On Temporary Workers |
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From August 30, 2000 New York Times:
By Reuters
"WASHINGTON (Reuters) - In a major victory for U.S. labor unions, the National Labor Relations Board made it easier on Wednesday for the growing legion of temporary workers to join unions at the companies to which they are assigned.
Under the decision, the NLRB said temporary workers could join an existing union at the company they are working at if the firm supervises the employee, such as assigning projects or providing discipline.
For example, a temporary secretary at a law firm whose supervisor is an employee of the temporary firm could not join the union at the law firm. However, if the law firm had its own supervisor oversee the temporary worker, the secretary may be eligible to join the preexisting union at the firm."
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Responses:
[41] [27] [9] |
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41 |
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Date: April 14, 2001 at 11:42:32
From: webmaster,
Subject: Attorney's Analysis of Temp Unionizing Decision |
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http://www.lawmemo.com/emp/articles/contingent.htm
Nixon Peabody LLP analysis of temp unionizing decision:
"Contingent employees come in many different varieties. At one extreme, completely outsourced operations with accompanying exclusive supervision by the supplier employer should, as noted, defeat a joint employer finding. In that case, the former consent rule applicable to multiple employers remains the operative legal standard. In fact, Greenhout, a true multi-employer case, was not overruled for this reason. At the other extreme, leased employees remain employees of the user employer since the supplier employer, the leasing company, simply provides pay, workers' compensation coverage and benefits. There is only one employer, the user employer, in an employee leasing case."
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Responses:
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27 |
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Date: March 24, 2001 at 12:48:03
From: marion,
Subject: Fifteen Steps To Forming A More Perfect Union |
URL: Infoworld How To Form A Union |
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1. Contact local labor union.
2. Form organizing committee.
3. Identify bargaining unit.
4. Rally support among affected employees.
5. Employer voluntarily recognizes bargaining unit as union. Union formed.
6. Sign 30 percent of affected employees to election filing with National Labor Relations Board.
7. Bad news -- NLRB determines bargaining unit not properly defined. Back to step 4.
8. Good news -- NLRB notifies employer of union election petition.
9. Set union election date.
10. Management engages in unfair labor practices. NLRB conducts hearing on charges.
11. NLRB rules in employer's favor -- no violation. Back to step 9.
12. NLRB rules that employer engaged in unfair labor practices. De facto union exists.
13. Vote on whether to form union.
14. Less than 51 percent of bargaining unit vote for unionization, back to step 1.
15. 51 percent or more vote for union. Union formed.
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Responses:
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9 |
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Date: March 22, 2001 at 20:40:07
From: marion,
Subject: Re: Unions Win In Ruling On Temporary Workers |
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This ruling seems bizarre. If the temp can join the union then there must be differences between the temp and the other union members. How can the union possibly force the temp agency to do anything when the temp agency is not a party to the contract between the union and the employer? Maybe the ruling means that if the temp joins the union then the employer has to hire the temp and recognize the union as the former temp's agent; it's bizarre and does not appear to make any sense.
It may definitely mean that it may be safer for employers to have a "TempCity" (tm) within the company, i.e, an area within the company with temps supervised by temps so that the temps cannot claim any right to join a union or to become employees
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Responses:
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