How a Trump-Era Labor Board Decision Curtails Union Organizing

July 20, 2021, 9:15 AM UTC

A Trump-era federal labor board ruling on bargaining-unit size is reshaping the outcome of union elections nationwide, making it easier in some cases for employers to put up barriers before a vote even takes place.

The National Labor Relations Board’s 2017 decision in PCC Structurals made it easier for employers to stymie union efforts to represent smaller, tailored bargaining units, which management lawyers often call “micro units.”

Decisions by the NLRB at the regional level to expand proposed bargaining units prior to an election force unions to win over more workers—sometimes thousands more—than they had anticipated.

The result is that ...

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