On July 11, 2016, the NLRB held in Miller & Anderson, Inc., 364 NLRB 39, that employer consent is not necessary in order to form a collective bargaining unit comprised of both jointly employed employees and solely employed employees of a single user employer. This case overturns prior NLRB precedent and is favorable to unions and employees who are employed by a joint employer since they no longer need employer consent to form a single bargaining unit in the context of a joint employer scenario so long as the employees in the unit share a community of interests. In 2004, the NLRB held in Oakwood Care Center, 343 NLRB 659, “that bargaining units that combine employees who are solely employed by a user employer and employees who are jointly employed by that same user employer and an employer supplying employees to the user employer constitute multi-employer units, which are appropriate only with the consent of the parties” Miller & Anderson, Inc. at 1. In Miller & Anderson, petitioner Sheet Metal Workers International Association, Local Union No. 19 asked the Board to overturn Oakwood Care Center and return to the rule under M.B. Sturgis, Inc., 331 NLRB 1298, which allowed for combined units of employees solely employed by a user employer and jointly employed employees as long as the employees had a community of interest. Miller & Anderson, Inc. at 1. By rejecting Oakwood Care Center, and returning to the Sturgis holding, the Board recognized that “Sturgis is also more consistent with the premise upon which national labor policy is based, because it permits employees in an otherwise appropriate unit to pool their economic strength and act through a union freely chosen by the majority so that they can effectively bargain for improvements in their wages, hours and working conditions” Miller & Anderson, Inc. at 13.