Miller & Anderson, Inc.

364 N.L.R.B. No. 39 (2016)

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Miller & Anderson, Inc.

National Labor Relations Board
364 N.L.R.B. No. 39 (2016)

  • Written by Tammy Boggs, JD

Facts

Miller & Anderson, Inc. (M&A) (defendant) directly employed sheet-metal workers. Additionally, M&A used sheet-metal workers who were supplied and employed by Tradesmen International (Tradesmen), an employment agency. As to the workers supplied by Tradesmen, M&A also acted as those workers’ employer, such that the supplied workers were jointly employed. In an administrative proceeding, a workers’ union (the union) (plaintiff) petitioned to represent a unit of all sheet-metal workers employed by (1) M&A only and (2) both M&A and Tradesmen, at specified job sites. Under the current interpretation of the National Labor Relations Act (the Oakwood rule), a bargaining unit could not comprise both employees who were solely employed by a “user employer” and employees who were jointly employed by the same user employer and a “supplier employer” without the consent of the employers. The union’s petition was dismissed. In a review before the National Labor Relations Board (the board), the union argued for overturning the Oakwood rule and returning to the rule of M.B. v. Sturgis, Inc., 331 N.L.R.B. 1298 (2000), which would allow the bargaining unit proposed by the union without employer consent (the Sturgis rule).

Rule of Law

Issue

Holding and Reasoning (No information provided)

Dissent (Miscimarra, Member)

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