Specialty Healthcare

News & Analysis as of

The Dawn of "Micro-Unions": A Scary Proposition for Employers

Unions can be difficult enough to manage, even for experienced employers. Imagine taking your workforce of 100 employees and dividing them up into 10 different collective bargaining units… represented by 10 different...more

The Creeping Union Part II: Why You Should Start Planning Now

In our last post, we summarized the 2011 Specialty Healthcare decision and the potential for the NLRB to recognize an unduly burdensome number of smaller collective bargaining units. So far, cases interpreting Specialty...more

NLRB Decisions on “Micro Units” Provide Guidance for Employers Concerned With Union Organizing

In two recent decisions, the National Labor Relations Board (NLRB) reached different conclusions on whether unions can organize small groups of employees in a workplace. While the NLRB’s decisions in Macy’s, Inc. and The...more

NLRB Boosts 'Micro Units' With Macy's Decision

In 2011, the National Labor Relations Board (NLRB) issued a memorable decision in Specialty Healthcare and Rehabilitation Center of Mobile. The ruling, which was eventually upheld by a federal court of appeals, dealt a blow...more

Micro Unions Are Here to Stay: Cosmetics Workers Made Up for Unionizing But Shoes Salespeople Need to Find a Better Fit

The question – or controversy, depending on who you talk to – about the propriety of “micro-units” or “micro-unions” has been a pressing issue for employers since the National Labor Relations Board issued its Specialty...more

Department Store Units Decided Under Specialty Healthcare

This week the NLRB decided two cases involving union organizing in large department stores. In each case an NLRB regional director applied the Board’s Specialty Healthcare test to determine whether the bargaining unit...more

NLRB Deems Micro-Unit an Appropriate Bargaining Unit in Retail Industry

The National Labor Relations Board (the "Board" or NLRB) recently issued a pair of decisions applying its Specialty Healthcare test to determine if petitioned-for units in two large department stores were appropriate for...more

NLRB Issues Mixed Decisions When Applying Specialty Healthcare to Retail Industry

In two separate decisions, the National Labor Relations Board (NLRB) has extended to the retail industry the standard for recognizing what is an “appropriate” bargaining unit that it established in Specialty Healthcare and...more

Act Now Advisory: NLRB's Macy's Decision Raises Questions About Best Strategies for Combating Union Efforts to Organize...

In a decision released this past week, a majority of the National Labor Relations Board ("NLRB" or "Board") recommitted the federal agency to the principles set forth in Specialty Healthcare, further expanding the way for...more

NLRB Upholds Petitioned-For “Micro-Unit” at Boston-Area Macy's Store as Appropriate Under Specialty Healthcare

Earlier this week, in a 3-1 decision in Macy's Inc., the NLRB applied its controversial Specialty Healthcare decision in upholding as appropriate a bargaining unit that consists of 41 employees in the cosmetics and fragrances...more

The American Board of Obstetrics and Gynecology Reverses Its Unlawful Ban on Treating Male Patients

In September of 2013, the American Board of Obstetrics and Gynecology adopted a policy of excluding obstetrician/gynecologists from eligibility for Board certification and recertification if they treated any male patients....more

New NLRB G.C. Plots Activist Course

The General Counsel of the National Labor Relations Board serves important policy-making and prosecutorial decision-making roles. While the “GC” acts independently of the adjudicative “Board” arm of the agency, both, in a...more

Health Update -- Dec 19, 2013

The Debate over Specialty Pharmaceuticals: Is the Promise Worth the Price? - ..What’s the Issue? - Specialty pharmaceuticals are a rapidly growing share of total drug expenditures by public and private health...more

Employment And Labor Alert: NLRB's Controversial Specialty Healthcare Ruling Affirmed

Last week, the U.S. Court of Appeals for the Sixth Circuit granted the National Labor Relations Board's (NLRB) petition to enforce its controversial ruling in Specialty Healthcare, 357 NLRB No. 174 (2011). ...more

Sixth Circuit Enforces NLRB’s Controversial Specialty Healthcare Decision

In its 2011 decision in Specialty Healthcare, the National Labor Relations Board changed the test it uses to determine bargaining unit appropriateness. ...more

Legal Alert: 6th Circuit Affirms NLRB, Requires "Overwhelming Community Of Interest" To Challenge Bargaining Units

The Sixth Circuit Court of Appeals has affirmed the decision of the National Labor Relations Board (NLRB) in Specialty Healthcare, which requires employers to prove employees share an "overwhelming community of interest" to...more

Sixth Circuit Upholds Board’s Decision in Specialty Healthcare

In the first judicial challenge to the NLRB’s Specialty Healthcare decision, the U.S. Court of Appeals for the Sixth Circuit has upheld the Board....more

The Guide Dog Days of Summer: Board Affirms Another Micro-Unit After Specialty Healthcare

Since the National Labor Relations Board (NLRB) issued the Specialty Healthcare decision in 2011, unions have been permitted to organize “micro-units” of an employer, such as employees of a department rather than employees of...more

NLRB Continues to Expand Specialty Healthcare Bargaining Unit Standard And Upholds Smaller Bargaining Unit Despite Union’s Prior...

In its 2011 decision in Specialty Healthcare, the National Labor Relations Board changed the test it uses to determine bargaining unit appropriateness. We reported on Specialty Healthcare for the American Bar Association and...more

Fragmented Workforces: Specialty Healthcare And The Advent Of “Micro-Units”

The National Labor Relations Board recently made it easier for unions to win representation elections by allowing unions to fragment workforces and cherry-pick the unit of employees most likely to support unionization. On...more

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