In Honor of the Labor Day Weekend! Here is "the latest" from the NLRB


As NLRB Chairman Wilma B. Liebman departs after almost 14 years of service under three U.S. Presidents, the NLRB will once again be short-handed as there will be only three members. Before she left, however, Chairman Liebman and the two other Democratic appointees decided three important cases overruling previous pro-employer decisions.

Appropriate Bargaining Unit Determinations

In a 3-1 decision in Specialty Healthcare and Rehabilitation Center of Mobile, the Board found that Certified Nursing Assistants at a nursing home may comprise an appropriate bargaining unit without including all other non-professional employees. This overrules the Board’s 1991 decision in Park Manor, which had adopted a special test for bargaining unit determinations in nursing homes, rehabilitation centers, and other non-acute health care facilities. The majority stated that the appropriate unit determinations for employees in non-acute care medical facilities will be subject to the same "community of interest" standard traditionally applied to other workplaces. In Specialty Healthcare, the NLRB ruled that where an employer argues that a proposed unit inappropriately excludes certain employees, the employer will be required to prove that the excluded employees share “an overwhelming community of interest” with employees in the proposed unit.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:


Miller & Martin PLLC on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.