NLRB Decision Unlikely to Have Significant Impact on Staffing Industry


Thursday’s U.S. National Labor Relations Board decision in Browning-Ferris may not significantly impact the use of staffing services or staffing firm-client relations, according to Stephen Dwyer, general counsel of the American Staffing Association. “Although we cannot definitively predict the long-term impact of the decision,” he said, “prior board decisions that effectively made it easier for temporary workers to unionize did not demonstrably result in increased unionization of such workers, and that largely remains the case today.”

Private sector union membership accounts for less than 7% of the workforce, and temporary help services workers make up 2% of the nonfarm workforce, according to the U.S. Bureau of Labor Statistics. “Relatively few temporary workers are assigned to clients with union workforces,” Dwyer said.

The decision departed from more than 30 years of legal precedent to expand the legal standard for determining joint employer status. “While the American Staffing Association supports the rights of workers to unionize under the law,” Dwyer emphasized, “in an amicus brief filed in the case, ASA argued that only Congress, not the board, has the legal authority to change the standard.”

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About the American Staffing Association

The American Staffing Association is the voice of the U.S. staffing, recruiting, and workforce solutions industry. ASA and its state affiliates advance the interests of the industry across all sectors through advocacy, research, education, and the promotion of high standards of legal, ethical, and professional practices. For more information about ASA, visit

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