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,…

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…

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…

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…

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…