Header graphic for print
Labor Relations Update

Category Archives: Section 9(b)

Subscribe to Section 9(b) RSS Feed

Micro-Units under the Microscope: The Second and Fifth Circuit Courts Consider Specialty Healthcare and Its Misapplication

Posted in Bargaining units, Collective Bargaining, NLRA, NLRB, Section 9(b), Section 9(c)(5), Specialty Healthcare

Last week, the U.S. Court of Appeals for the Second Circuit joined the Third, Fourth, Fifth, Sixth, Seventh, and Eighth Circuits in upholding the Board’s Specialty Healthcare standard for determining appropriate bargaining units under the National Labor Relations Act, although with a very skeptical eye on how it applied.  Constellation Brands, U.S. Operations, Inc. v. NLRB,… Continue Reading

Board Reverses 32-Year-Old Rule Allowing Employers to Oust Mixed-Guard Unions

Posted in Bargaining units, NLRA, NLRB, Section 9(b)

For thirty-two years, it has been a settled proposition that an employer may, upon the expiration of a contract, refuse to continue to negotiate with a “mixed-guard” union that represents its security guards. Continuing its long path of upsetting established precedent, on June 9, 2016, the National Labor Relations Board (“NLRB” or “Board”) reversed this… Continue Reading

Micro Union Case Hits Federal Court Of Appeals

Posted in Bargaining units, NLRA, NLRB, Non-Union employers, Representation Elections, Rulemaking, Section 9(b), Section 9(c)(5)

One of the NLRB’s most sweeping decisions in decades, Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB No. 83 (August 26, 2011).pdf, has reached a federal appeals court, as the employer seeks to have the decision overturned.  As we have previously discussed, the Board in this case established the micro union standard, where the bargaining unit sought by a… Continue Reading

NLRB To “Vote” On Quickie Election Rules November 30

Posted in Bargaining units, Due Process, NLRA, NLRB, Non-Union employers, Representation Elections, Rights Poster, Rulemaking, Section 9(b), Section 9(c)(5)

The NLRB announced today that it was going to hold a vote on its proposed regulations to upend the well established and longstanding representation case procedures.  According to the NLRB’s announcement today, the vote is over “whether to adopt a small number of amendments” proposed earlier this year. This may well be the understatement of… Continue Reading

Blizzard begins: NLRB Adopts Micro Union Standard

Posted in Bargaining units, Healthcare Employers, NLRA, NLRB, Representation Elections, Section 9(b), Section 9(c)(5)

As previously discussed, the impending departure of Chairman Liebman, as well as the coming of the end of the NLRB’s fiscal year, made it highly likely we would see some significant decisions issued by the agency.  Chairman Liebman departed after fourteen years on Saturday, but not before having one last word about her critics.  The New York Times’ Steven Greenhouse captured perfectly a… Continue Reading

NLRB Quickie Election Rules Closer To Reality As Comments Are Filed

Posted in Bargaining units, NLRA, NLRB, Representation Elections, Rulemaking, Section 9(b)

The NLRB’s initiative to upend the well-established, and by its own declarations “outstanding”, representation election procedures took one step closer to reality yesterday when the initial period for filing comments on the proposed rules closed.  As I noted previously in this blog, the “quickie” or “ambush” elections contemplated by the NLRB’s proposed rules represent an attempt to introduce sweeping change when… Continue Reading

The Lull Before The Storm: Blizzard Of NLRB Activity Coming

Posted in Bargaining units, Duty to furnish information, Healthcare Employers, NLRA, NLRB, Protected activity, Rulemaking, Section 7, Section 8(a)(1), Section 9(b), Witness statements

The mid-point of Summer has passed.  Although the NLRB has not issued a major decision in several weeks, the agency has not been slacking off this Summer.  In a typical year, August and September are the busiest months for the NLRB, because the federal government’s fiscal year ends September 30.  During the final weeks of the… Continue Reading

Briefs filed in NLRB’s Specialty Healthcare case

Posted in Bargaining units, NLRA, NLRB, Representation Elections, Section 9(b), Section 9(c)(5)

What a difference a few months can make.  Last December, in Specialty Healtcare and Rehabilitation of Mobile the NLRB invited interested parties to file briefs to consider a number of questions about whether it should consider adopting a new “one size fits all” rule for bargaining units in nursing homes (called “nonacute care” facilities).  The case… Continue Reading