loader
Page is loading...
generic_insight_detail

U.S. Chamber of Commerce Report Confirms NLRB’s Infamous Specialty Healthcare Decision Has Given Rise to More Micro-Units


Five years ago, the National Labor Relations Board (NLRB) issued its now infamous decision in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934, 940 (2011) that paved the way for a slew of “micro-units” being certified by the NLRB (despite the NLRB’s assurances back in 2011 that its holding in Specialty Healthcare would only apply to certain healthcare bargaining units). For those unfamiliar with micro-units, when filing an election petition with the NLRB, a union must identify a legally appropriate group of employees (i.e., the “bargaining unit”) it seeks to organize. Historically, all-inclusive “wall-to-wall units” (e.g., production and maintenance employee units) were favored by the NLRB. In contrast, “micro-units” are fractional, designed to decrease the size of the unit and make organizing easier; they were often disapproved of by the NLRB. Specialty Healthcare altered the NLRB’s legal standard regarding bargaining units and has made it easier for unions to seek micro-units. On Oct. 31, the U.S. Chamber of Commerce published a study that revealed micro-units have indeed been on the rise since Specialty Healthcare was decided – confirming employers’ fears. A press release and the report itself criticizes the NLRB for misleading the public with respect to micro-units in light of the NLRB’s publicly issued statements at the time the case was decided indicating the Specialty Healthcare rule would only apply in limited circumstances.


RELATED ARTICLES

Scabby The Rat On The Chopping Block

October 28, 2020 | Labor Relations, National Labor Relations Board, Strikes and Picketing

How Has COVID-19 Impacted Union Election Results?

October 23, 2020 | Labor Relations, Unions and Union Membership, National Labor Relations Board

Is Staying Neutral During a Union Campaign Unlawful?

October 6, 2020 | Labor Relations, Union Organizing, National Labor Relations Board

Union Decertification Update: NLRB Extends Comments Deadline For Contract Bar

September 18, 2020 | Labor Relations, National Labor Relations Board, Labor Agreements

Labor Day 2020: State of the U.S. Labor Unions

September 4, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

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
bargaining unit
MicroUnits
NLRB
walltowall units
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.