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NCJ Number: 97653 Find in a Library
Title: Use and Misuse of Employee Leasing
Journal: Labor Law Journal  Volume:36  Issue:1  Dated:(January 1985)  Pages:35-41
Author(s): J V Jansonius
Date Published: 1985
Page Count: 7
Format: Article
Language: English
Country: United States of America
Annotation: This article examines the circumstances under which a company using leased employees qualifies as an employer for purposes of the National Labor Relations Act and analyzes the bargaining obligations of unionized companies hoping to switch to employee leasing.
Abstract: The determination of whether employee leasing will free a company from having to deal with its workers' organization activities is shown to depend on whether that company and the leasing company constitute 'joint employers.' The joint employer test is described and effective use of employee leasing to avoid bargaining duties under the act is illustrated by the Eleventh Circuit Court's 1984 decision in National Labor Relations Board (NLRB) v. Episcopal Community of St. Petersburg. The court's determination that Episcopal Community and ARA Services were not joint employers is examined; the joint employer issue in American Filter Company, in which a finding of joint employer status resulted, is also reviewed. The need for unionized companies considering a switch to employee leasing to determine whether they are obligated to bargain with the union over this decision is highlighted. The Supreme Court's most recent decision, which delineated employee bargaining obligations over operational decisions in First Maintenance Corp. v. NLRB, is reviewed. Liability for unlawful discrimination is considered, and the test for single employer status in discrimination cases is discussed. Finally, the limitations of employee leasing as an approach to avoiding obligations under the National Labor Relations Act and Federal antidiscriminatory laws are highlighted. Included are 39 notes.
Index Term(s): Collective bargaining; Discrimination; Employment; Procurement procedures; Unions; US Supreme Court decisions
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