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Since the decisions in TLI, Inc., 271 NLRB 798 (N.L.R.B. 1984) enforcement granted sub nom. Gen. Teamsters Local Union No. 326, Int’l Broth. of Teamsters, Chauffeurs, Warehousemen & Helpers of Am. v. N.L.R.B., 772 F.2d 894 (3d Cir. 1985), and Laerco Transportation, 269 NLRB 324 (N.L.R.B. 1984), the National Labor Relations Board (hereinafter, the “NLRB” or the “Board”) has determined the existence of a joint employer relationship based on whether the alleged joint employers share the ability to control or co-determine essential terms and conditions of employment. The essential terms and conditions of employment include those involving such matters as hiring, firing, discipline, supervision, and direction of employees. TLI, Inc., 271 NLRB at 798. Under this test, a joint employer’s control over these employment matters must be direct and immediate.
Republished with permission.
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