Steven M. Swirsky, a Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, was quoted in Law360 in “3 Takeaways from the NLRB’s Temp Worker Union Ruling,” by Vin Gurrieri. (Read the full version – subscription required.)
Following is an excerpt:
But while BFI made it easier for a company to be deemed a joint employer for bargaining purposes, Monday's decision in Miller & Anderson made it easier for temporary workers to unionize and bargain alongside permanent workers with companies deemed to be joint employers under the broader Browning-Ferris test. Under Oakwood, that bargaining unit couldn't have existed if the user company — or its supplier partner — simply withheld consent.
"Miller & Anderson has a multiplier effect," said Steven M. Swirsky of Epstein Becker Green. "I look at it as BFI on steroids.”
Mr. Swirsky also co-authored a post about this case on Epstein Becker Green's Management Memo blog.
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