NLRB Issues Three Decisions Promoting Union Representation as Chairman Liebman's Board Term Ends


On the final working day of Chairman Wilma Liebman’s term at the National Labor Relations Board (NLRB or the Board), the Board issued three significant decisions that promote union organizing and protect new or established union representations. The trio of August 26 decisions—Lamons Gasket Co., 357 N.L.R.B. No. 72; UGL-UNICCO Service Co., 357 N.L.R.B. No. 76; and Specialty Healthcare & Rehab. Ctr. of Mobile, 357 N.L.R.B. No. 83—were issued by the Obama Board’s 3-1 Democratic majority, with the lone Republican Member dissenting in all three cases.

These highly technical cases, combined with the Board’s recent issuance of a Final Rule requiring all employers covered by the National Labor Relations Act to post a notice in their workplace informing employees of their rights under the Act and the Board’s Proposed Rule to expedite the Board’s election process, will have two practical effects: (1) they will facilitate new union organizing in small bargaining units that will provide the union with a platform for a broader organizing campaign; and (2) they will shield new or established union representations from challenge by the employer, employees, or rival unions that believe the incumbent union does not have majority support.

Specialty Healthcare—Facilitating Union Organizing in Small Bargaining Units Defined by the Union

In perhaps the most far-reaching of the three August 26 cases, the Board in Specialty Healthcare announced a new standard for determining whether a petitioned-for unit of employees is appropriate for collective bargaining. Specialty Healthcare nominally involved the issue of appropriate bargaining units in non-acute care healthcare facilities (in this case, a unit of Certified Nursing Assistants). However, the Board went well beyond this narrow issue and articulated a new standard for determining whether unions in many other industries may petition for an election among a small group of employees over an employer’s objection that the union has inappropriately excluded other groups of employees from the prospective unit.

Please see full article below for more information.

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

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morgan Lewis | Attorney Advertising

Written by:


Morgan Lewis 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.