The Second Circuit Court of Appeals reviewed the two-step analysis of Specialty Healthcare for determining whether employees share a “community of interest.” Under step one, the NLRB Regional Director performs a community of interest analysis to determine if the proposed unit is appropriate. If appropriate, the party opposing the proposed bargaining unit must demonstrate that…

The NLRB has stretched the bounds of the law as thin as possible with its latest ruling aimed at protecting racist comments hurled at replacement workers by strikers. Cooper Tire employee Anthony Runion was picketing during a strike. He shouted admittedly offensive an racist taunts at black replacement workers, referencing fried chicken and watermelons, among…

As everyone knows, the United Food and Commercial Workers Union has been trying to organize Walmart workers for years but has failed to do so. Its latest effort involves a tailored app that workers are encouraged to download onto their personal phones. The app lets Walmart workers ask questions – anonymously, if they choose –…

In contrast to yesterday’s blog post that summarized a decision where the NLRB upheld a micro bargaining unit, today the Board refuses to find that a micro bargaining unit is necessary. The Teamsters union petitioned for an election of only drivers who drive company-owned vehicles and excluding drivers who use their own vehicles. The Regional…

Just 14 service technician employees at Buena Park Honda sought to organize a union. The employer thought that, at a minimum, lube technicians should be included in the bargaining unit, but the NLRB disagreed because, according to the Board, other workers did not share “an overwhelming community of interest.” When employees of a labor organization…

In 2015 the NLRB pushed through the Ambush Election Rules to boost union organizing success principally by shortening the period between a union’s request for an election and the election itself and by making it more difficult for an employer to raise important, substantive legal issues prior to the election. Also among these rule changes…