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National Labor Relations Board Community of Interest

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Troutman Pepper

New NLRB Members Could Heighten Burden for Employers Seeking to Challenge “Micro-Units”

Troutman Pepper on

Q: Who are the newest members of the National Labor Relations Board (NLRB), and what does their arrival mean for the future of micro-units? ...more

Proskauer - Labor Relations Update

D.C. Circuit Remands Hotel Certification Decision and Reminds Board to Explain Its Reasoning

On October 23, 2020, the D.C. Circuit granted Davidson Hotel Company’s petition for review of unfair labor practices resulting from its refusal to bargain with two newly-certified bargaining units, and denied the NLRB’s...more

Steptoe & Johnson PLLC

Court Limits Workers’ Rights to Form Micro Units for Collective Bargaining Purposes

Steptoe & Johnson PLLC on

The D.C. Circuit overturned a decision that allowed Chicago-area hotel workers (housekeepers and food and beverage staff) to form extremely narrow bargaining units. In its decision, the D.C. Circuit held that the NLRB failed...more

Holland & Knight LLP

NLRB Tunes Up Appropriate Standard in Determining Bargaining Unit of Mechanics at Boeing

Holland & Knight LLP on

The National Labor Relations Board (NLRB) has held that a unit selected for organizing by the International Association of Machinists and Aerospace Workers (IAM) – one including approximately 180 jet mechanics at Boeing's...more

ArentFox Schiff

NLRB: Proposed Micro-Unit of Boeing Mechanics Is Not Going to Fly

ArentFox Schiff on

In a 3-1 representation case, the National Labor Relations Board recently continued its roll-back on Obama-era precedents, invalidating a 180-member “micro-unit” of Boeing mechanics. The Board held in The Boeing Company and...more

Littler

NLRB Creates New 3-Step Analysis for Unit Determinations

Littler on

On September 9, 2019, the National Labor Relations Board (NLRB) issued its decision in The Boeing Company, 368 NLRB No. 67 (2019), clarifying an earlier ruling and reinstating the traditional community of interest standard...more

Proskauer - Labor Relations Update

NLRB Puts a Finer Point on Its Community of Interest Test with a New Three-Step Analysis

Still hard at work as we head into mid-September, the National Labor Relations Board, in a 3-1 decision (Chairman Ring and Members Kaplan and Emanuel in the majority, Member McFerran dissenting) announced a three-step test...more

Fisher Phillips

NLRB Limits Application Of “Micro-Unit” Strategy

Fisher Phillips on

In a blow to national union organization efforts, the National Labor Relations Board just clarified the test for determining whether “micro-units” of employees within a larger workforce can organize on their own. In its...more

Poyner Spruill LLP

Recent Changes From The National Labor Relations Board Favor Employers

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The National Labor Relations Board (NLRB) recently issued several opinions reversing Obama-era precedent. These changes are all employer-favorable and reduce the risk an employer’s policies or activities will be deemed...more

Miles & Stockbridge P.C.

Don’t Like that NLRB Ruling? Just Wait, it May Change!

Miles & Stockbridge P.C. on

As 2017 and Chairman Phillip Miscimarra’s term drew to an end, the National Labor Relations Board (“NLRB” or “Board”) issued a flurry of decisions overturning several Obama-era NLRB decisions. Because Board members are...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

It’s Back: NLRB Overturns Specialty Healthcare, Returns to Traditional Community-of-Interest Standard

On December 15, 2017, a divided National Labor Relations Board (NLRB) issued a significant decision in PCC Structurals, Inc., 365 NLRB No. 160, overturning the controversial “overwhelming community-of-interest” test from...more

Brownstein Hyatt Farber Schreck

NLRB Hands Down More Employer-Friendly Rulings

In the spirit of the holiday season, the National Labor Relations Board (“NLRB” or “the Board”) has provided employers with two more “presents” in the form of two new Board decisions. Continuing their trend from last week, on...more

Fisher Phillips

Micro-Units Are Dead: Labor Board Returns To Traditional “Community Of Interest” Factors For Union Elections

Fisher Phillips on

One day after overturning the Obama-era’s joint-employer standard and in the waning days of Philip Miscimarra’s Chairmanship, the National Labor Relations Board struck down the pro-union use of micro-units, a tool used to...more

McCarter & English, LLP

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

Morgan Lewis

NLRB Expands Temporary/Contingent Worker Organizing Rights

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The Board’s recent decision in Miller & Anderson is another significant consequence of Browning-Ferris and allows unions to form a single bargaining unit of “user” and “supplier” employees much more easily than before....more

Seyfarth Shaw LLP

Flip-Flops, Not Just For the Beach or Boardwalk: NLRB (Again) Buries Consent Requirement for Bargaining Units with Temps

Seyfarth Shaw LLP on

Seyfarth Synopsis: Overturning decade old precedent, the Board found that temporary workers supplied by a staffing agency may be included in a bargaining unit with regular employees of a host employer without the consent of...more

Foley Hoag LLP

NLRB Ruling Makes It Easier to Organize Temporary Workers

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On July 11, 2016, the National Labor Relations Board in Miller & Anderson, in another pro-union decision, overruled its own precedent and ruled that unions do not need employer consent before organizing bargaining units that...more

Obermayer Rebmann Maxwell & Hippel LLP

Christmas in July: The NLRB Delivers Another Gift to Help Unions Organize Employees

The National Labor Relations Board has once again delivered a blow to employers by overturning a decision (and standard) that required the consent of a regular employer and the employer of temporary staff to allow both sets...more

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