The National Labor Relations Board continues its December precedent merry-go-round with a return to the Specialty Healthcare, 357 NLRB 934 (2011) (“Specialty Healthcare”) standards for bargaining unit determinations. In American Steel Construction, 372 NLRB No. 23, the Board overturned PCC Structurals, Inc., 365 NLRB No.
Specialty Healthcare
Here We Go Again: NLRB Foreshadows A Potential Return To Micro-Units
By Joshua Fox, Mark Theodore & Timothy Kelly on
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
By Michael Lebowich & Lee Douthitt on
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…
NLRB’s Micro-Union Standard May Be Set For Reversal
By Mark Theodore on
Change is coming. We noted recently that the administration is thinking about changing the newly adopted persuader regulations. We also know that a majority of make-up of the NLRB is likely to shift very soon, and with it some of the precedents of the last few years will be…
17 Year Old Ruling In Representation Case Can Preclude New Claim For Employees, Divided NLRB Rules
By Mark Theodore on
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…
Department Store Units Decided Under Specialty Healthcare
By Ronald Meisburg on
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…
Sixth Circuit Upholds Board’s Decision in Specialty Healthcare
By Ronald Meisburg on
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…
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 …