News & Analysis as of

Specialty Healthcare

The Practical NLRB Advisor - Issue 4 | Winter 2017

The National Labor Relations Board (NLRB) continued making life more difficult for employers in 2016. The agency issued a host of decisions that significantly expand the number and type of individuals that unions can seek to...more

The 2017 “Manufacturers’ Lawyer’s Shrug”

I am a really big fan of the NPR radio show, “Car Talk,” where two Boston auto mechanics took callers’ questions and tried to answer them. Since the November 8 election, I have freely adapted one of their signature phrases –...more

Fifth Circuit Upholds Micro-Bargaining Unit at Retailer, But Dissent Finds Labor Board’s Legal Standard Wanting

by Jackson Lewis P.C. on

The U.S. Court of Appeals for the Fifth Circuit has denied, 9-6, a retailer’s request for a rehearing of the decision of a three-judge panel of the Court upholding the National Labor Relations Board’s decision that the...more

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

by Seyfarth Shaw LLP on

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

The Eighth Circuit Upholds Specialty Healthcare

by Franczek Radelet P.C. on

Last week, the U.S. Court of Appeals for the Eighth Circuit upheld the National Labor Relations Board’s Specialty Healthcare framework for determining whether a union’s petitioned-for bargaining unit is appropriate. Under...more

Eighth Circuit Defers to NLRB’s Specialty Healthcare Standard

by Seyfarth Shaw LLP on

This week, the Eighth Circuit Court of Appeals joined the Sixth Circuit in deferring to the NLRB’s Specialty Healthcare standard for determining appropriate bargaining units in union representation cases. The decision is yet...more

The mountain that is Specialty Healthcare: Volkswagen case typifies employers’ steep climb in NLRB unit determination cases

by Franczek Radelet P.C. on

In its 2011 Specialty Healthcare decision, the National Labor Relations Board revised the test it applies in determining whether a union’s petitioned-for unit is appropriate. In Specialty Healthcare, the NLRB explained that...more

NLRB to Review Graduate Assistants’ Petition for Representation

by Ballard Spahr LLP on

The National Labor Relations Board (Board) has voted 3-1 to reconsider whether graduate assistants at private, nonprofit higher education institutions are entitled to collective bargaining rights under the National Labor...more

Board Extends Micro-Unit Union Organizing One Step Further

by Littler on

The National Labor Relations Board ("NLRB" or the "Board") continues to expand the impact of its controversial 2011 decision in Specialty Healthcare, which paved the way for labor unions to organize employees in so-called...more

House and Senate Appropriations Committees Approve Funding Bills with Riders Targeting DOL, NLRB Initiatives

by Littler on

Both the House and Senate Appropriations Committees advanced bills this week to fund various federal agencies for FY 2016. Each chamber approved versions of spending measures that include riders prohibiting funding for a...more

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

by FordHarrison on

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

by Foley & Lardner LLP on

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

by Foley & Lardner LLP on

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 Issues Mixed Decisions When Applying Specialty Healthcare to Retail Industry

by Ballard Spahr LLP on

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...

by Epstein Becker & Green on

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

by Franczek Radelet P.C. on

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

by Nossaman LLP on

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

by Dickinson Wright on

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

by Stinson Leonard Street on

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

by Franczek Radelet P.C. on

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

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