“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…
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To Include or Not to Include in a Bargaining Unit; That is the Question

A union recently filed a petition seeking to represent a unit of truck drivers who drove company-owned vehicles at Golden State’s Sun Valley, California facility. The employer, Golden State, argued that some company-owned vehicle drivers should not be included in the bargaining unit because they do not share a community of interest with the other…
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NLRB Removes Consent Requirement for Temp Workers’ Inclusion in Bargaining Units.

This is an issue that has ping-ponged at the NLRB over the years. For decades, the rule was that if a union petitioned to represent direct / permanent employees at a work site along with temporary employees provided by an outside entity, both of the employers (the company and the temporary agency) would have to…
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NLRB Deals with Rapidly Increasing Size of Proposed Bargaining Unit Issues

Employees of Jersey City Bike Share, similar to the Citi Bike, Divvy, and CoGo programs that appear in several cities, are seeking to organize a union in New Jersey. This is not surprising considering that the company is already unionized in Chicago and Washington, D.C. That isn’t the takeaway from this article, though. What is…
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