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National Labor Relations Board › Specialty Healthcare › Employer Liability Issues

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... more +
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 -
Littler

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

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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

Jackson Lewis P.C.

Top Five Labor Law Developments For December 2017

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1.In Hy-Brand Industrial Contractors, 365 NLRB No. 156 (Dec. 14, 2017), the National Labor Relations Board overruled Browning-Ferris Industries, 362 NLRB No. 186 (2015), an Obama-era decision that held two entities are joint...more

McGuireWoods LLP

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

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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

Foley & Lardner LLP

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

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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

Jackson Lewis P.C.

New NLRB GC Opens Door To Possible Widespread Bargaining Unit Changes

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

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - November / December 2017

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News & Analysis- Leadoff memorandum of new NLRB General Counsel Robb draws immediate fire from Democrats NLRB Republican majority goes to work and asks for comment on the so-called “quickie election” rule Miscimarra is...more

McGuireWoods LLP

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

McGuireWoods LLP on

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

Sheppard Mullin Richter & Hampton LLP

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

Sheppard Mullin Richter & Hampton LLP on

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

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Jackson Lewis P.C.

Board Overrules Specialty Healthcare

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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

McGuireWoods LLP

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

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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

Sheppard Mullin Richter & Hampton LLP

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

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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

FordHarrison

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

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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

Foley & Lardner LLP

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

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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

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

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

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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

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

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

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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

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