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Senator Introduces Bill To Amend NLRA And Reverse Micro-Unit Trend


It’s been a busy few weeks on the micro-unit front. As just reported on the blog, Chairman Philip Miscimarra recently signaled he would like to overturn the National Labor Relations Board’s decision in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011), that gave rise to a wave of micro-units in recent years. Following on the heels is news out of the Senate on May 24 that some members of Congress also are seeking to undo Specialty Healthcare. Senator Johnny Isakson (R-Ga.) introduced the “Representation Fairness Restoration Act” that would amend the National Labor Relations Act (NLRA) and nullify the holding of Specialty Healthcare. The bill would insert language into the NLRA that states the “fragmentation of bargaining units” is to be disfavored. Sen. Isakson introduced the bill in the last Congress, but it died in committee. He has 10 other Senators sponsoring the bill with him. Representative Francis Rooney (R-Fla.) also introduced a companion bill in the House on May 24. Between the pronouncements from Congress and Chairman Miscimarra regarding Specialty Healthcare, it appears that case’s days are numbered (finally!).


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