Bargaining Units

News & Analysis as of

Micro-Units under the Microscope: The Second and Fifth Circuit Courts Consider Specialty Healthcare and Its Misapplication

Last week, the U.S. Court of Appeals for the Second Circuit joined the Third, Fourth, Fifth, Sixth, Seventh, and Eighth Circuits in upholding the Board’s Specialty Healthcare standard for determining appropriate bargaining...more

Yet Another Micro-Unit Victory, NLRB Refuses to Review Decision Certifying Service Technicians-Only Bargaining Unit

In the midst of what appears to be a proliferation of “micro-units,” on Tuesday, October 18, 2016, the NLRB declined to reconsider its decision to certify a unit of 14 service technicians employed by the Buena Park Honda...more

NLRB Expands Jurisdiction in Church-Operated Schools, Distinguishing Between "Religious" and "Secular" Instruction in Faculty...

In two recent cases, the National Labor Relations Board distinguished between faculty members providing secular instruction and those providing religious instruction, in concluding that only those providing religious...more

So Much for Management Rights Clauses — The Board Strikes Again

Seyfarth Synopsis: In Graymont PA, Inc. the Board majority ruled that a unionized employer cannot unilaterally change rules or policies that affect bargaining unit employees even if its collective bargaining agreement...more

Newly Organized Employer Must Bargain Over Discretionary Employee Discipline Pre-First Contract, NLRB Rules

Prior to entering into a first contract, an employer has a statutory obligation to bargain with the union that represents its employees before imposing discretionary “serious discipline” (such as suspension, demotion, or...more

The NLRB Opens the Door to Union Organizing Among Teaching Assistants and Other Student Assistants at Private Colleges and...

In what will come as no surprise to even the most casual labor law observer, yesterday the National Labor Relations Board jettisoned established precedent and granted teaching assistants and other student assistants at...more

The NLRB Eases the Way for Temporary Employees to Unionize

On July 11, 2016, the National Labor Relations Board (NRLB) released a decision reversing 12 years of established precedent. In Miller & Anderson, Inc., 364 NLRB No. 39 (2016), the Board held that a bargaining unit can be...more

NLRB Changes the Rules for Union Organizing Yet Again

On June 11, the National Labor Relations Board ("the Board") again changed the standard for determining bargaining units that combine temporary and permanent work-site employees at a single facility. In Miller & Anderson,...more

NLRB Makes It Easier for Employers with Temp Workers to Become Unionized

On July 11, 2016, the National Labor Relations Board (“Board”) reversed decade old precedent requiring consent from the host employer and a staffing agency before a union election that includes temporary employees could take...more

Reversing Precedent, NLRB Drops Consent Requirement for Mixed Bargaining Unit of Temporary and Regular Employees

On July 11, the NLRB continued the expansion of joint-employer liability set forth in Browning-Ferris Industries, 362 NLRB No. 186 (Aug. 27, 2015) by eliminating the requirement that a union receive the consent of both the...more

NLRB Finds Increased Use of Joint Employees Justifies Removal of Barriers to Organization

On July 11, 2016, the National Labor Relations Board (the “NLRB” or “the Board”) upended more than a decade of precedent and held that a single bargaining unit may be comprised of an employer’s direct hires and the temporary...more

NLRB Reverses Course Again: Organizing Temporary Workers Just Got Easier

The NLRB recently reversed course again to allow temporary employees provided by a staffing agency to join regular employees in a single bargaining unit without the consent of the employer or the staffing agency. Miller &...more

The Latest in Labor: NLRB Update, Part One

Most employers know that the National Labor Relations Board (NLRB) has been on a years-long tear to make it easier for workers to unionize and harder for employers to resist those efforts. This post in two parts is the latest...more

NLRB Allows Temporary Employees to Form Part of Bargaining Unit for Union Elections

In its 2004 Oakwood Care decision, the National Labor Relations Board concluded that a union seeking to organize a unit of workers that includes both permanent and temporary employees obtained from a third-party agency, must...more

NLRB and Joint Employment – The Board Continues to Blur the Line Between Employers and Employment Agencies

Many organizations use temporary employment services to provide or supplement their workforce. Such arrangements allow an organization to focus on its core strengths and activities while maintaining access to workers as...more

Board Decision Ushers In New Era of The Unionized Temp

In an NLRB decision this week in the case of Miller & Anderson, Inc. and Tradesmen International and Sheet Metal Workers International Association, Local Union No. 19, AFL–CIO, the NLRB has made it easier for Unions to...more

NLRB Reverses Rule Regarding Temporary Employees

In a much-anticipated decision, the National Labor Relations Board (NLRB) on July 11, 2016, reversed its existing precedent on organizing of temporary employees. In Miller & Anderson, Inc., the NLRB ruled that permanent...more

NLRB Decision Makes Organizing Contingent Workers Even Easier

In a widely expected ruling, the National Labor Relations Board (NLRB) has again reversed existing precedent to make it easier for unions to organize workforces that include contingent workers. ...more

NLRB Makes it Easier for Temporary Workers to Unionize

In a 3-1 decision issued this week, the National Labor Relations Board (NLRB) has reinstated a union-friendly standard that makes it easier for temporary workers to unionize either on their own or as part of a bargaining unit...more

NLRB Allows Single Bargaining Unit for Sole and Joint Employer Employees

In the much-anticipated Miller & Anderson, Inc., decision, the National Labor Relations Board has reverted to a policy allowing solely employed and jointly employed employees to be represented in the same bargaining unit...more

NLRB Clears Path for Unionizing Temporary Workers and Permanent Employees as One Group

The National Labor Relations Board has launched yet another attack on employers who use staffing agencies and external labor sources. The NLRB’s long-awaited decision yesterday in Miller & Anderson makes it much easier for...more

NLRB Paves the Way for Bargaining Units Composed of Employees of Two Different Employers

In a widely anticipated decision, the National Labor Relations Board has reversed its 2004 decision in Oakwood Care Center, and determined a union seeking to represent employees in a bargaining unit composed of employees...more

NLRB Holds Employer Consent Not Required for a Union to Represent a Bargaining Unit Combining both Regular and Temporary Employees

In a July 11, 2016, decision that will make it easier for unions to organize temporary employees, the National Labor Relations Board (NLRB) overruled existing precedent and held a union may represent a bargaining unit...more

En Garde “User Employers”

The NLRB has reversed course on another issue significantly affecting employer relationships – not just relationships with employees, but also relationships with employee leasing companies. In Miller & Anderson, Inc., 364...more

A Minnesota Court Rules Pre-Kindergarten Instructors Should Be Excluded From A Teacher Collective Bargaining Unit

For many Michigan school districts, pre-kindergarten instructors are usually included in a teacher/professional collective bargaining unit. The state of Minnesota has adopted a contrary viewpoint. The Minnesota Court of...more

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