Bloomberg Law
Dec. 7, 2021, 9:18 PM

Labor Board to Revisit Bargaining Unit Size in Union Elections

Ian Kullgren
Ian Kullgren

The National Labor Relations Board is considering lowering the legal bar for workers to form small bargaining unions within a larger workplace.

The board’s Democratic majority said Tuesday it would accept briefs on changing the legal test for small bargaining units—often called “micro units” by management attorneys—in the pending case American Steel Construction.

In the 2017 PCC Structurals decision, the then-Republican majority made it easier for employers to block union efforts to represent smaller, tailored bargaining units within a larger workplace—a tactic unions sometimes use when a wall-to-wall organizing effort would be too difficult.

PCC Structurals made it easier ...

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