Certified Staffing Profesional Practice Exam

Can staffing firm's employees be included in a client's bargaining unit?

1. They must always be included in the client's bargaining unit.

2. They may not be included in a client's bargaining unit.

3. They may be included under any circumstances.

4. They are often included automatically.

The correct answer is: They may not be included in a client's bargaining unit.

In labor relations, a bargaining unit is defined as a group of employees with a clear and identifiable community of interest who are represented by a union in collective bargaining. A staffing firm's employees are typically considered to be employees of the staffing agency rather than the client company. As such, these employees do not have the same employment relationship with the client company as the company's direct employees do. The key reason for this is that the staffing agency retains the employer responsibilities and controls the terms and conditions of employment for its workers. Clients may utilize staffing services to fulfill temporary or specialized needs, but the staffing employees remain on the agency’s payroll and typically do not share the same interests as the direct employees of the client company. While circumstances may vary based on specific legal situations and agreements, generally, the inclusion of staffing firm's employees in a client's bargaining unit is not a standard practice. The distinction between the agency and client employees helps clarify responsibilities, rights, and representation under labor law. Thus, the correct understanding reflects that staffing firm employees may not be included in a client's bargaining unit, maintaining the legal separations in employment relationships.