The National Labor Relations Board has decided that bargaining units combining employees who are jointly employed by a user employer and supplier employer and solely employed by the user employer do not require the consent of either employer. In so doing, the NLRB overturned its 2004 decision in Oakwood Care Center, 343 NLRB 659.

Setting the stage for another likely change in Board law, the NLRB has granted review over a Regional Director’s dismissal of an election petition, where the Union sought to represent in the same bargaining unit a contractor’s own employees and temporary employees provided to the contractor by a staffing company.     In its May 18, 2015,