Bloomberg Law
Dec. 19, 2017, 8:20 PM

New Terrain for Employers, Unions After ‘Micro Unit’ Test Repealed

Lawrence E. Dubé
Lawrence E. Dubé

The National Labor Relations Board has reset its standard for determining whether a proposed voting unit is appropriate for collective bargaining under federal labor law. Employers and unions now will have to adapt quickly to a changing landscape following the board’s decision in PCC Structurals, Inc.

Setting the clock back more than six years, the Republican-majority labor board overruled the 2011 decision in Specialty Healthcare and returned to a traditional community-of-interest standard for determining an appropriate bargaining unit in each union representation case.

Unions won’t have the same power to shape bargaining units to their advantage, management attorneys from Fisher ...

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