NLRB and unit determination

On Aug. 30, 2011, the NLRB issued three major decisions, Specialty Healthcare, 357 NLRB No. 83 (Aug. 26, 2011).

Download Board Decision The Board, divided along party lines, overruled Park Manor Care, 305 NLRB 872 (1991) and held that in non-acute care settings the traditional community of interest test applies. The case extensively reviews the community of interest test in acute care institutions and elsewhere, reaffirms that the Act only requires that “an” appropriate unit be found sufficient, that a union can consist of just 2 employees and where the unit consists of a clearly indentifiable group who share a community of interest that unit will not be defeated simply because a smaller unit may also be appropriate.

 

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Filed under labor, legal decision, NLRB, union

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