“Employed” Does Not Mean Temporarily Assigned

The American Municipal Power, Inc. bargaining unit consisted of all full-time and regular part-time operators employed at the new Kentucky plant. At issue was whether that definition improperly included operators temporarily assigned to the plant from other facilities. AMP sought to limit the definition to only employees primarily assigned to the plant.

The Board refused to limit the definition, so AMP refused to bargain with the union alleging that it cannot negotiate with an improper bargaining unit. It then asked the court to review the NLRB’s bargaining order.

The Sixth Circuit held that the Board’s original definition does not include temporary assignees, so any modification to that definition is unnecessary. Ergo, a future temporary worker who covers for a staff shortage at the facility is not employed at the facility; the terms and conditions of employment for those employees are not governed by the collective bargaining agreement.

Matt Austin owns Austin Legal, LLC, a boutique law firm based in Ohio that limits its representation to employers dealing with labor, employment, and OSHA matters. You can reach Matt by calling him at (614) 843-3041 or emailing him at Matt@MattAustinLaborLaw.com.