Page is loading...
Print Logo Logo

NLRB Defends Mini-Bargaining Units; Says That is Nothing New

The NLRB caused quite a stir when it issued Specialty Healthcare and Rehabilitation Center of Mobile , 357 N.L.R.B. No. 83 in September, 2011. In that case, the Board departed from precedent and raised the governing standard from "community of interest" to "overwhelming community of interest" when determining what constitutes an appropriate bargaining unit in a nonacute healthcare facility. The decision was controversial as it set the stage for mini-bargaining units, and based upon its stance on appeal in this matter, the Board is sticking to its guns.

In its brief, the NLRB defends the "overwhelming community of interest" standard by claiming that it is nothing new, but is simply a clarification of the long-standing test. Additionally, the Board defends its discretion in determining whether a unit is appropriate.

Download a copy of the brief (PDF)


Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.