Micro Units, the Next Obama-Era Rule to Die

In PCC Structurals, Inc., the Board reinstated the traditional community of interest standard to be used when determining whether unions have included all necessary employees on a petition for union representation. The Board’s reversal is a welcomed relief to employers who have been forced to bargain with several small units of employees in one workplace,…
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Will the Disastrous Micro-Unit become Extinct?

The NLRB’s Regional Director recently approved a bargaining unit consisting of only warehouse workers (the unit sought by the union) and rejecting the employer’s contention that the unit should include the production employees in the plant as well as the production employees working in the employer’s plant across the street. This bifurcation of the workers…
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Micro-Unions: I Cannot Overstate their Effect in the Labor Movement

Workplace organizing typically requires large amounts of time and money. Yet for more than five years now, labor unions increasingly have been relying on a low-cost alternative: micro-unions (or as some say, partial workplace organizing). President Obama used his power of appointment to achieve a highly partisan pro-union majority on the five-member National Labor Relations…
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NLRB Refuses to Allow Truckers to Form a Micro Bargaining Unit

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…
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NLRB Just Illogically Expanded its Specialty Healthcare Micro-Units Decision

As we have explained several times before, the controversial 2011 Specialty Healthcare decision opened the door for unions to organize smaller, union-friendly groups of employees. Specialty Healthcare allows unions to create micro-bargaining units, which are a small portion of the total number of employees at a particular worksite. Unions can target these smaller groups and…
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Macy’s Challenge to a Union’s Successful Micro-Unit Election Reaches the Court of Appeals

In July, the National Labor Relations Board ruled that a bargaining unit of just the fragrance and cosmetic employees at a Macy’s store was lawful. This ruling departed from decades-long precedent favoring a wall-to-wall bargaining unit at retail stores. In an odd procedural mandate, Macy’s was precluded from directly appealing the Board’s decision. Instead, Macy’s…
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