News & Analysis as of

Bargaining Units

NLRB’s General Counsel Issues Guidance Following Board’s PCC Structurals, Inc. Decision

by McGuireWoods LLP on

In December 2017, the Office of the General Counsel issued Memorandum OM 18-05. This memorandum followed the Board’s decision in PCC Structurals, Inc., 365 NLRB No. 160 (Dec. 15, 2017), which overruled Specialty Healthcare &...more

NLRB Tosses "Overwhelming Community of Interest" Standard and Returns to the "Traditional Community of Interest" Standard in...

by FordHarrison on

On December 15, 2017, the National Labor Relations Board (NLRB or Board) overruled Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011), which required an “overwhelming community of interest” when...more

Trump NLRB Reverses Rule on 'Micro-Units,' Continues Overhaul of Obama-Era Rulings

by Foley & Lardner LLP on

As we discussed last week, the National Labor Relations Board (NLRB) has been working hard during the holiday season to reverse landmark decisions issued by the Obama-era Board. The Board’s efforts to reshape federal labor...more

NLRB Gift: Staying Non-Union May Be A Little Easier

by Akerman LLP - HR Defense on

The NLRB offered a holiday gift to employers this year, overturning an Obama-era decision that allowed unions to organize “micro-units” of employees, by restoring a more employer-friendly standard to determine an “appropriate...more

End of the Year Whirlwind for Labor and OSHA Matters! Part II of III – NLRB.

by Fisher Phillips on

No other agency so radically changed the law under the Obama Administration; nor galvanized so much management-side resistance as the National Labor relations Board (NLRB). So it seems appropriate that the NLRB would stagger...more

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

by 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

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

NLRB Update: Trump Board Wastes No Time Overturning Obama-Era Precedent

by Bryan Cave on

With two appointments by President Trump, the National Labor Relations Board (NLRB) had a Republican majority for several months in 2017, for the first time in ten years. The “Trump Board” wasted no time overturning Obama-era...more

New NLRB GC Opens Door To Possible Widespread Bargaining Unit Changes

by Jackson Lewis P.C. on

The National Labor Relations Board General Counsel’s Division of Operations Management has issued a sweeping Memorandum to Regional Offices setting forth a variety of circumstances under which those offices should process...more

The Pendulum Swings at the NLRB

by Murtha Cullina on

The National Labor Relations Board has always been known to be a political agency. However, the political nature of the Board has been heightened in the last several decades....more

New Republican Controlled NLRB Overrules Four Major Decisions

Earlier this year, President Trump appointed (and the Senate confirmed) two new Republican members of the National Labor Relations Board (Board) - Marvin E. Kaplan and William J. Emanuel. Together with Republican Member...more

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

NLRB Reverses Precedent on Key Employer Issues

by Clark Hill PLC on

Last week, the National Labor Relations Board reversed several controversial decisions of the Obama-era Board, all of which will significantly impact employers. The cases redefine joint employment, create a new analysis for...more

Trump Board Kills Micro-Units, Weakens Unilateral Change Claims, Questions Quickie Election Rules

by Miller Canfield on

In PCC Structurals, Inc., in a 3-2 decision, the National Labor Relations Board (NLRB or Board) overturned the 2011 Specialty Healthcare decision which allowed “micro-units” of small groups of employees to organize within a...more

NLRB Ends Unionizing of Micro-Units

by Payne & Fears on

In the final days of 2017, the National Labor Relations Board (NLRB) nixed yet another Obama-Era decision, overruling a highly controversial decision in Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB 934...more

The Winds Keep Blowing: Miscimarra’s Final Days with the NLRB Produce More Change for Employers

by Franczek Radelet P.C. on

Last week we issued two alerts covering the winds of change blowing at the NLRB. The strong winds continued on Friday, December 15 as the Board overruled two more decisions: one addressing an employer’s duty to bargain; the...more

What's Appropriate: The NLRB Overturns Specialty Healthcare

by Littler on

As part of the National Labor Relations Board’s spate of recent decisions reversing Obama-era Board precedent, on December 15, 2017, the Board in PCC Structurals, Inc., 365 NLRB No. 160 (2017) overturned Specialty Healthcare,...more

Trump NLRB Shakes Up the Labor World in Striking Down Numerous Obama Board Decisions

by Stoel Rives LLP on

It might appear that on some years, the National Labor Relations Board (the Board) issues a series of decisions just as the year comes to a close, but it is not because the Board wants to give out holiday presents (or, from...more

Back to Basics: NLRB Abandons "Micro Unit" Organizing Standard

by Faegre Baker Daniels on

In a decision with particular importance for non-acute health care facilities but clear application for nearly any kind of employer, the NLRB changed its standard for evaluating which classifications of employees a union can...more

NLRB Abandons "Micro-Unit" Ruling

by Ballard Spahr LLP on

The National Labor Relations Board (NLRB) on Friday rolled back yet another Obama-era decision. The 2011 "micro-units" decision, Specialty Healthcare & Rehabilitation Center of Mobile (Specialty Healthcare), had expanded the...more

NLRB Change-ups: The (Republican) Force Awakens

by Miller & Martin PLLC on

President Trump has filled two vacant seats on the National Labor Relations Board (NLRB) since taking office, shifting the Board from a Democratic to a Republican majority. With the most recent seat filled in late...more

The New NLRB Gets to Work: GOP-Majority Board Overturns Browning-Ferris, Changes the Law on Joint Employment and Micro-Unit...

As predicted by HR Legalist earlier this year, the new Republican-majority National Labor Relations Board (NLRB) has begun to reverse key labor rulings established during the Obama administration. On December 14, 2017, the...more

Big Moves for NLRB Mean Big Shifts for All Employers

by Shipman & Goodwin LLP on

Back in January of 2013, I wrote an article for the Connecticut Law Tribune entitled “For the NLRB, a December to Remember,” which you can read here if you are interested. In that article, I discussed a slew of Obama...more

THE BIG(ger) BA(rgaini)NG THEORY

by Seyfarth Shaw LLP on

In yet another significant decision overturning a controversial Obama-era ruling, the NLRB has reverted to its prior standards in determining what will be an appropriate bargaining unit for union organizing and bargaining....more

NLRB Restores Precedent on What Triggers Bargaining Obligations with Unions

by Ballard Spahr LLP on

Signaling another departure from decisions made during the era of former President Barack Obama, the National Labor Relations Board (NLRB) last week restored the ability of unionized employers to implement unilateral changes...more

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