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 Director ruled that the petitioned for unit constituted a fractured unit because personally owned vehicle drivers share an overwhelming community of interest with company-owned vehicle drivers which requires their inclusion in the unit.
For example, drivers of personally owned and company owned vehicles are both given the same responsibilities for pickups and deliveries, are subject to the same supervisors, receive their routes through the same training work out of the same facility, record their work time using the same method, and wear the same uniform.
As a result of the NLRB expanding the petitioned-for bargaining unit from only drivers of company-owned vehicles to all drivers, the Teamsters did not have enough signed authorization cards to go forward with a union election. Thus, the petition for an election was dismissed; a company win.
Matt Austin who owns Austin Legal, LLC, a boutique law firm based in Ohio that limits its representation to employers dealing with labor, employment, and OSHA matters. You can call Matt at (614) 285-5342 or email him at Matt@MattAustinLaborLaw.com