loader
Page is loading...
generic_insight_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 here 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.


LEAVE YOUR COMMENT

RELATED ARTICLES

NLRB Rules Employers May Maintain Discipline Between Election and Certification

June 24, 2019 | Labor Relations, National Labor Relations Board

NLRB Gives Employers Win Against Non-Employee Union Organizers

June 17, 2019 | Labor Relations, National Labor Relations Board

Cough it Up! Company Forced to Give Union Complete Copy Of Third-Party Agreement

June 11, 2019 | Labor Relations, National Labor Relations Board

Thin Skin? Discharge of Employee for Criticizing Executive’s Salary Was Unlawful

May 31, 2019 | 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
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.