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27 Dec 2017 The Gifts Keep On Comin’: NLRB GC Memo Signals Favorable Change for Employers in Union Elections

  On Dec. 15, the National Labor Relations Board announced in its PCC Structurals, Inc. decision that it had overruled its infamous Specialty Healthcare precedent and eliminated the “overwhelming community of interest” standard for employers opposing micro-units. According to the NLRB’s press release on PCC Structurals: “The Board has now abandoned the ‘overwhelming’ community-of-interest standard. In today’s decision, the Board stated that ‘here are sound policy reasons for returning to the traditional community-of-interest standard that the…

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18 Dec 2017 All the King’s Horses and All the King’s Men CAN Put Humpty Dumpty Together Again: NLRB Overrules Specialty Healthcare, Potentially Reducing Number of Fractured Bargaining Units

  The National Labor Relations Board (NLRB) capped one of the most notable weeks in its history by issuing a decision that overruled the agency’s now infamous Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011), decision. That decision paved the way for a slew of micro-units being certified by the NLRB over the last five-plus years (despite the NLRB’s assurances back in 2011 that its holding in Specialty Healthcare would only apply…

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04 Dec 2017 General Counsel Memo Signals Brighter Days for Employers

  In a move that will certainly please employers, Peter Robb, the recently confirmed general counsel of the National Labor Relations Board (NLRB), issued a memo last week freezing all Obama-era NLRB decisions that overturned precedent. The memo orders regional directors around the country to seek advice from the Washington, D.C., office on cases that involve board decisions from “the last eight years that overruled precedent and involved one or more dissents.”   The sweeping…

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16 Aug 2017 Fractured Workforce: Federal Court Approves Micro-Unit Certified by NLRB

  Unfortunately, it appears the National Labor Relations Board’s (NLRB) recent trend of certifying micro-units is here to stay until a pro-management majority at the agency is confirmed, which may not happen as soon as we once thought. On Aug. 11, the U.S. Court of Appeals for the D.C. Circuit affirmed an NLRB decision against Rhino Northwest LLC that found a small, discrete segment of that company’s workers could be properly certified as a bargaining unit….

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01 Nov 2016 U.S. Chamber of Commerce Report Confirms NLRB’s Infamous Specialty Healthcare Decision Has Given Rise to More Micro-Units

  Five years ago, the National Labor Relations Board (NLRB) issued its now infamous decision in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934, 940 (2011) that paved the way for a slew of “micro-units” being certified by the NLRB (despite the NLRB’s assurances back in 2011 that its holding in Specialty Healthcare would only apply to certain healthcare bargaining units). For those unfamiliar with micro-units, when filing an election petition with the…

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04 Apr 2016 NLRB Continues To Cite Its Infamous Specialty Healthcare Decision When Affirming Funky Bargaining Units

  Nearly five years ago, the National Labor Relations Board (NLRB) issued its now infamous decision in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934, 940 (2011) that paved the way for a slew of “micro-units” being certified by the NLRB (despite the NLRB’s assurances back in 2011 that its holding in Specialty Healthcare would only apply to healthcare bargaining units). For those unfamiliar with micro-units, when filing an election petition with the…

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06 Aug 2014 NLRB applies Specialty Healthcare “micro-union” standards to retail industry with mixed results

  The NLRB recently issued a pair of decisions applying its controversial test for appropriate bargaining units set out in Specialty Healthcare, 357 NLRB No. 83 (2011). Specialty Healthcare, which was affirmed by the Sixth Circuit last year, has been criticized by many as allowing the formation of “micro-units” within facilities instead of the traditional “wall-to-wall” units.   The Board did little to assuage those critics with its decisions in Macy’s, 361 NLRB No. 4…

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