Labor Relations Update

Tag Archives: Specialty Healthcare

17 Year Old Ruling In Representation Case Can Preclude New Claim For Employees, Divided NLRB Rules

Of all the changes to the law the NLRB has made in the last several years, the most significant involve how the agency determines bargaining units.  For example, the NLRB’s decision in Specialty Healthcare drastically altered the manner in which bargaining units were determined by the Regional Directors and the NLRB.  Also, the NLRB’s ambush election rules also … Continue Reading

Department Store Units Decided Under Specialty Healthcare

This week the NLRB decided two cases involving union organizing in large department stores. In each case an NLRB regional director applied the Board’s Specialty Healthcare test to determine whether the bargaining unit requested by the union was appropriate. In Specialty Healthcare, the Board held that a unit will be presumptively appropriate for collective bargaining … Continue Reading

Sixth Circuit Upholds Board’s Decision in Specialty Healthcare

In the first judicial challenge to the NLRB’s Specialty Healthcare decision, the U.S. Court of Appeals for the Sixth Circuit has upheld the Board. In Specialty Healthcare the Board held that it will find a petitioned for unit appropriate where the unit is made up of (i) an identifiable group of employees (ii) who share a community of interest with … Continue Reading

Micro Union Case Hits Federal Court Of Appeals

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

Employer Meetings, Election Site The Next Targets Of NLRB?

It’s been a quiet few weeks for the NLRB.  Since January 1, the NLRB has issued only a small number of decisions, none of which appear to be noteworthy.  There are, of course, many developments that are in process.  For example, we still do not know the full effect of the NLRB’s decision in Specialty … Continue Reading

NLRB Reveals More Details To Proposed Election Rule Changes

As we reported earlier, the NLRB announced it was ready to vote on some proposed amendments to the rules concerning representation elections. There was no indication in the original announcement of about the substance of the changes. On November 29, 2011, NLRB Chairman Mark Pierce disclosed more information in the form of a Board Resolution. … Continue Reading

Blizzard begins: NLRB Adopts Micro Union Standard

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

The Lull Before The Storm: Blizzard Of NLRB Activity Coming

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

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
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