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Democrats Press NLRB to Adopt Obama-era Test for Small Units

Jan. 21, 2022, 10:54 PM

House Democrats urged the National Labor Relations Board to return to its Obama-era legal test for determining whether a small unit of employees within a larger workplace is appropriate for a union election.

The board should scrap its standard for small units—often called “micro units” by management attorneys—from its 2017 decision in PCC Structurals, 14 Democratic lawmakers on the House Education and Labor Committee said in a brief Friday.

Returning to the framework for smaller units from the NLRB’s 2011 decision in Specialty Healthcare would “prevent employers from gerrymandering union representation elections,” the lawmakers said.

The Democratic-majority NLRB called ...

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