Professor Harris Freeman, Western New England University, School of Law
Professor George Gonos, State University of New York, Department of Sociology
Non-standard employment is compromising the ability of American workers to exercise their right to self-organization and collective bargaining. In response to the Board's request, this amicus brief provides an up-to-date assessment of the temporary staffing industry as it relates to the ability of temporary staffing workers to exercise fundamental rights guaranteed to them by federal labor law. It is widely recognized that the ubiquitous presence of millions of temporary staffing industry workers in all sectors of the U.S. labor market has given rise to a second-tier workforce, with lower wages and fewer benefits than the standard employees performing the exact same work in the same commercial enterprise. The Board's current joint-employer test, as applied in this case, is a barrier to temporary staffing workers exercising their right to self-organization and collective bargaining. Without the ability to bargain with both the user and supplier firms that employ them, temporary workers will find it virtually impossible to alter their second-class terms and conditions of employment at the bargaining table.