News & Analysis as of September 22, 2024

Specialty Healthcare

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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 -

NLRB Restores Obama-Era Decision Supporting Unions' Right to Engage in "Micro-Unit" Organizing

Holland & Knight LLP on 12/21/2022

The pendulum has swung once again. On Dec. 14, 2022, the National Labor Relations Board (NLRB or Board) issued a decision in American Steel Construction, Inc., 372 NLRB No. 23 (2022), modifying the framework applied in...more

The National Labor Relations Board’s Return to So-Called “Micro-Bargaining-Units” and What it Could Mean for Employers

Burr & Forman on 12/19/2022

In a busy (and divided) week for the National Labor Relations Board (“NLRB” or “the Board”), the Board issued a 3-2 decision in American Steel Construction, Inc., 372 NLRB No. 23 (Dec. 14, 2022), reverting the test for...more

NLRB Brings Back Micro-Units, Paving the Way for More Union Organizing

Miles & Stockbridge P.C. on 12/16/2022

The National Labor Relations Board on Wednesday revived an Obama-era standard that will make it easier for unions to organize employees and win elections. In a 3-2 decision in American Steel Construction Inc., the Board...more

With American Steel, Micro-Units Are Again a Likely Possibility

Littler on 12/16/2022

After a year of consideration including amicus briefs on the matter, the National Labor Relations Board (Board) revived another Obama-era precedent in a decision issued December 14, 2022. In American Steel, 372 NLRB No. 23,...more

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

Constangy, Brooks, Smith & Prophete, LLP on 12/16/2022

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

Micro-Units Are Back In Healthcare Union Organizing

Husch Blackwell LLP on 3/29/2021

Hospitals and non-acute care settings beware: Micro-Units are about to make their way back into Healthcare Union organizing. Over the coming months, we can expect to see many significant changes to labor issues affecting...more

NLRB Adds New Three-Part Test to Standard for Evaluating Appropriateness of Bargaining Units

Epstein Becker & Green on 11/19/2019

One of the matters of significance to employers and unions under the National Labor Relations Act that became a point of contention under the National Labor Relations Board (“NLRB” or “Board”) during the Obama Administration...more

"It's Like Déjà Vu All Over Again" : The Boeing Micro-Unit Case

Roetzel & Andress on 10/16/2018

It looks like the National Labor Relations Board (NLRB) will have another opportunity to clarify the test for determining whether a micro-unit of employees in a functionally integrated manufacturing plant constitutes an...more

Working Wise: Recent Developments at the NLRB

K&L Gates LLP on 3/12/2018

In this episode, we review recent transitions at the National Labor Relations Board (NLRB) under President Trump, discuss four significant Board decisions issued in late 2017, and highlight what we should expect from the NLRB...more

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

Foley & Lardner LLP on 1/3/2018

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

Akerman LLP - HR Defense on 1/3/2018

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

2017 Ending With A Bang: Obama Era NLRB “Micro Unit” Ruling Reversed

Amundsen Davis LLC on 12/27/2017

2017 is coming to an end, and with somewhat of a Bang! for labor relations moving forward under Trump’s NLRB. In a matter involving PCC Structurals, Inc. and the Intern’l Assoc. of Machinists & Aerospace Workers...more

Employment Flash - December 2017

Skadden, Arps, Slate, Meagher & Flom LLP on 12/22/2017

Recent NLRB Developments - This December 2017 special edition of the Employment Flash summarizes recent decisions issued by the National Labor Relations Board (NLRB) on December 14 and 15, 2017. These decisions are...more

NLRB Ends Unionizing of Micro-Units

Payne & Fears on 12/20/2017

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

NLRB Overturns Three Obama-Era Decisions on Labor-Management Relations

McGuireWoods LLP on 12/20/2017

In the closing days of outgoing Chairman Phil Miscimarra’s term, the National Labor Relations Board issued three major decisions reversing field on significant issues of labor-management relations and requested public comment...more

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

Faegre Drinker Biddle & Reath LLP on 12/20/2017

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

Ballard Spahr LLP on 12/20/2017

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

The End of Union-Dictated Micro-Units: NLRB Overturns Specialty Healthcare

Sheppard Mullin Richter & Hampton LLP on 12/19/2017

On the eve of Chairman Phillip Miscimarra’s departure from the NLRB, he gave one final gift to employers: the overturning of Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011), an Obama-Era Board...more

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

Fisher Phillips on 12/18/2017

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

Unwrapping Late Year NLRB Decisions – Next Steps For Your Organization To Consider

Jackson Lewis P.C. on 12/18/2017

Two weeks after newly appointed National Labor Relations Board General Counsel Peter Robb signaled his intent to ask the Board to consider overruling many union-friendly precedents of the Obama-era Board, the Board has beaten...more

Board Overrules Specialty Healthcare

Jackson Lewis P.C. on 12/18/2017

In a stunning development, the National Labor Relations Board has overruled Specialty Healthcare, the so-called “micro-unit” decision and replaced the “overwhelming community-of-interest” standard adopted there with the...more

Busy Board Overrules Specialty Healthcare; Restores Traditional Community of Interest Standards Disfavoring Micro-Units

McGuireWoods LLP on 12/17/2017

National Labor Relations Board Chairman Phil Miscimarra’s term expired today, but he did not coast into “retirement.” In addition to the late flurry of decisions which include the Board’s overruling of the Browning-Ferris...more

Labor Relations Update: New NLRB General Counsel Poised to Undo Obama-Era Precedents

Sheppard Mullin Richter & Hampton LLP on 10/12/2017

Senate Republicans recently confirmed William Emanuel, the second Trump nominee to the five-member National Labor Relations Board (the “Board”), giving the Board a Republican majority for the first time since 2007. Mr....more

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

Fisher Phillips on 9/6/2017

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

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