loader
Page is loading...
Print Logo Logo
book_gavel_detail

Specialty Healthcare Death Throes Continue


A week before Christmas, employers got an early present when the newly constituted republican majority at the NLRB overruled the “overwhelming community-of-interest” unit configuration union election standard set out in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011).

In PCC Structurals, Inc., 365 NLRB no. 160 (December 15, 2017) the NLRB reset the clock and went back to applying its traditional community-of-interest factors when determining an appropriate unit (the proper grouping of employees for purposes of a union election). On the heels of PCC Structurals, and as reported by my partner David Pryzbylski, on December 22, 2017, the new NLRB General Counsel, issued an Operations Management Memorandum (OM 18-5) directing Regional Directors to heed PCC Structurals teaching and to allow reconsideration of currently active union election unit determination issues.

Yesterday, the D.C. Circuit joined the parade by issuing an ORDER in Volkswagen Group of America, Inc. v. NLRB Case No. 16-1309 Consolidated with 16-1353. The issue in this case was whether the United Auto Workers (UAW) properly petitioned under Specialty Healthcare for a unit of only maintenance employees, seeking to exclude the plants several thousand production employees from the unit. On December 26, 2017, in another blow to the Specialty Healthcare standard, and a particular blow the UAW, the D.C. Circuit issued a one line ORDER remanding the case to the NLRB to consider the unit issue in light of the NLRB’s PCC Structurals traditional community-of-interest standard.  What is clear is that the PCC Structural’s decision is having a far reaching impact.


RELATED ARTICLES

Can The Labor Board Force You To Reopen Your Business?

May 14, 2021 | Labor Relations, Union Organizing, National Labor Relations Board

Status of Former NLRB General Counsel Still up in the Air

May 6, 2021 | Labor Relations, National Labor Relations Board

Status Quo: Contract Bar Doctrine Remains Intact

April 22, 2021 | Labor Relations, National Labor Relations Board, Labor Agreements

Who’s Down With PCA? All Employees Will Be Under Proposed New Standard

April 5, 2021 | Labor Relations, National Labor Relations Board

While increasing public outreach, NLRB staffs up for greater enforcement efforts

April 1, 2021 | Labor Relations, National Labor Relations Board

Subscribe

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
RELATED TOPICS
employers
NLRB
NLRB General Counsel
Operations Management Memorandum
Specialty Healthcare
UAW
union election
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.