SPHR Human Resources

Category - Relations

As a result of the Sturgis case, which of the following is true?
  1. Temporary employees may form a union but bargain only with the temp agency.
  2. The temporary agency must agree to bargain with a client company’s union.
  3. Temporary employees who work side by side with regular employees may be part of the bargaining unit.
  4. Temporary employees may not be unionized.
Explanation
Answer - C - Temporary employees who have a community of interest with regular employees of the client company may became part of the bargaining unit whether or not the temp agency agrees to bargain with the union.

Key Takeaway: In August 2000, the NLRB made a significant change to its previous ruling on the inclusion of temporary workers in an employer’s bargaining unit in a case involving M.B. Sturgis, Inc.
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