January 21, 2022

Volume XII, Number 21

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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 Healthcarestandard, 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.

© 2022 BARNES & THORNBURG LLPNational Law Review, Volume VII, Number 362
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About this Author

Keith Brodie Labor & Employment Attorney
Partner

Traditional labor lawyer and employment law counselor Keith Brodie represents the interests of employers in Michigan and across the country. Personable, detail- and business-oriented when rendering critical legal advice, Keith’s willingness to listen, combined with his strategic legal thinking, allows him to serve client interests while building rapport and consensus.

Keith advises on traditional labor law matters under the National Labor Relations Act (NLRA). His experience includes collective bargaining negotiations, administration of collective bargaining agreements, and...

616-742-3958
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