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3 Lab. Law. 873 (1987)
Joint Employer, Single Employer, and Alter Ego

handle is hein.journals/lablaw3 and id is 889 raw text is: 

     873


Joint Employer, Single Employer,
and Alter Ego

     Walter V. Siebert
     Sherman & Howard
     Denver, Colorado

     N. Dawn Webber
     Sherman & Howard
     Denver, Colorado




I. Introduction
   The permutations of employer/employee status, whether separate
entities may be considered as one employer and whether an employer's
right to subcontract and use contract labor, are currently highly de-
bated issues in labor-management relations. Recently, some unusual
developments have occurred. For example, a group of construction
workers went on strike to achieve lower wages in order to prevent their
work from being transferred to non-union crews. Many large American
companies such as USX have been willing to endure long strikes or to
lock out union members to preserve their right to contract out work. A
large unionized bus line sold out to an entity known for its non-union
stance because it could not reduce labor costs.
   The hot debate on these issues has been engendered by changes in
our economy as well as some changes in labor law that are arguably
more beneficial to employers. Employers facing the challenge to run
leaner operations have realized that there is a substantial financial ben-
efit in having non-employees perform certain parts of their labor. Ac-
cording to one economist, Peter Drucker, the trend toward increased
production using a declining number of laborers is worldwide and is ir-
reversible.! Drucker states that it is not the American economy that is
being de-industrialized, but that it is the American labor force. He pre-
dicts that in twenty-five years the United States will employ at most ten
percent of its labor force in blue collar manufacturing jobs. He states:
   If a company, an industry or country does not in the next quarter cen-
   tury sharply increase manufacturing production and at the same time
   sharply reduce the blue collar workforce, it can not hope to remain



   1. Drucker, The Changed World Economy, FOREIGN AFFAIRS, 768 (Spring 1986).

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