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
Section 9(c)(5)
Micro Union Case Hits Federal Court Of Appeals
By Mark Theodore on
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 …
NLRB To “Vote” On Quickie Election Rules November 30
By Mark Theodore on
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…
Blizzard begins: NLRB Adopts Micro Union Standard
By Mark Theodore on
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…
Briefs filed in NLRB’s Specialty Healthcare case
By Mark Theodore on
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…