EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000) – Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
Single Topic for Decision 1928E
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601.02000 – Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
A joint employer situation arises where two or more employers exert significant control over the same employees -- where from the evidence it can be shown that they share or co-determine those matters governing essential terms and conditions of employment. A joint employer theory does not depend upon the existence of a single integrated enterprise; rather, it assumes the enterprises are independent legal entities that have “historically chosen to handle jointly . . . important aspects of their employer-employee relationship.” The central focus in such cases is the level of control exerted over the employees by the enterprises in question.