The ability to form smaller bargaining units by breaking up larger aspects of an employer’s organization—sometimes called “micro-units”—is generally seen as an effort to enhance the ability of unions to gain entry into an employer by making it easier to organize. Those opposed to the practice, including both employers and
“Micro-Units” Eliminated: NLRB Overturns Specialty Healthcare
Adding to the list of falling precedents in the waning days of Chairman Miscimarra’s term, on Friday, the NLRB reversed another of the seminal decisions of the Obama-Board when it overruled the highly controversial Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB 934 (2011) decision. The 3-2
Hail Mary: NLRB Regional Director Holds College Football Players are Employees
On March 26, 2014, Peter Sung Ohr, the Chicago Regional Director of the National Labor Relations Board (“NLRB”) ruled that members of the Northwestern University football team receiving athletic scholarships are employees, and not students, under the National Labor Relations Act, allowing them the opportunity to unionize through an NLRB
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
NLRB: When We Say It Must Be “Overwhelming” We Mean The Other Overwhelming
As 2011 came to a close, no one was certain whether the NLRB would continue to function into 2012 as Member Becker’s recess appointment came to an end, leaving only two Members. In those waning days, the NLRB issued a remarkable decision in DTG Operations, Inc., 357 NLRB No. 175
NLRB Leaves Coal In Employer Stockings By Issuing Ambush Election Rules, Business Groups Immediately Sue
The holidays used to be such a quiet time of year as people slowly peeled off to take time to enjoy the season. This holiday season is different, of course. With the impending departure of NLRB Member Becker by the end of this year, we anticipated a flurry of activity
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
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.