One week, two NLRB rulings = more trouble for businesses! The National Labor Relations Board this week continued what could arguably be called its war on small business with two distinct rulings from the agency. The issue in the first stems from the In-N-Out Burger practice of including “Merry Christmas” buttons on their workers’ uniforms during the Christmas holiday season. Because the company requires workers to wear the button during the holidays as well as another during the company’s fundraising drive for their charitable foundation in April, NLRB Administrative Law Judge Keltner Locke ruled it cannot stop employees from wearing their own “Fight for $15” buttons on their uniforms, notwithstanding the company’s prohibition on such displays of political issues! Whether In-N-Out Burger challenges the ruling in court remains to be seen. In the second case, Miller and Anderson, Inc. v. Tradesmen International and Sheet Metal Workers, the five-member NLR Board decided last week by a 3-1 vote (one Republican seat is vacant) that businesses involved in joint-employer situations need not be consulted before temporary workers are included in a mixed bargaining unit. Rather, the Board will look at these three factors: whether the employees work side by side at the same facility; whether they work under the same supervision; and whether they work under common working conditions, to determine the validity of including temporary workers. Previously, in a decision as recent as 2000, the Board required the employer’s consent before temporary workers were included in the union. Under this most recent reversal, consent is no longer required!