News & Analysis as of

Specialty Healthcare Corporate Counsel

Constangy, Brooks, Smith & Prophete, LLP

NLRB returns to “micro-bargaining units” for union representation elections

On Wednesday, the National Labor Relations Board modified the standard used to determine whether a “petitioned-for” bargaining unit is appropriate for union representation when a party contends that the unit is inappropriate...more

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

Eyewear Virtual Try-On Tool Not Regulated by Illinois’ Biometric Information Privacy Act

​​​​​​​On September 8, 2022, an Illinois federal judge dismissed with prejudice a Biometric Information Privacy Act (Privacy Act or BIPA) class action against an online eyewear retailer over its virtual try-on (VTO) tool,...more

Ballard Spahr LLP

NLRB Continues Shift Toward Employer-Friendly Workplace Standards

Ballard Spahr LLP on

The National Labor Relations Board (NLRB) issued two 3-1 decisions this week, continuing a string of rulings favoring employers over unions or workers. Details on the decisions follow. ...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

Fisher Phillips

A New Era For Labor Relations? Lawyers Predict Fate Of Top 10 Key Issues

Fisher Phillips on

Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board...more

Jackson Lewis P.C.

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

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

Proskauer - Labor Relations Update

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

Franczek P.C.

The Eighth Circuit Upholds Specialty Healthcare

Franczek 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

Seyfarth Shaw LLP

Eighth Circuit Defers to NLRB’s Specialty Healthcare Standard

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

Franczek P.C.

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

Franczek 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

Littler

Board Extends Micro-Unit Union Organizing One Step Further

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

Epstein Becker & Green

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

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

Franczek P.C.

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

Franczek 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

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