Sixth Circuit Backs Specialty Healthcare As Valid Exercise of NLRB’s ‘Wide Discretion’

The U.S. Court of Appeals for the Sixth Circuit Aug. 15 approved a controversial National Labor Relations Board ruling on appropriate units in union representation cases, finding the board’s Specialty Healthcare decision was supported by NLRB precedent and did not suggest the board would improperly approve proposed units based only on the preferences of unions or workers (Kindred Nursing Ctrs. E., LLC v. NLRB, 6th Cir., 12-1027, 8/15/13).

Writing for a unanimous court, Judge Boyce F. Martin said NLRB acted within its “wide discretion” under the National Labor Relations Act in applying a version of the board’s ...