by J. Hamilton Stewart III, Esq.
The National Labor Relations Board (NLRB) has issued three significant decisions that affect the relationship between unions, employers and employees. These include new rules for determining what is an appropriate bargaining unit and when employees can vote a union out as their representative.
Together, they add to the NLRB’s recent record of ruling in favor of unions and against employers.
Appropriate bargaining units
In Specialty Healthcare and Rehabilitation Center of Mobile (357 NLRB No. 83, 2011) the NLRB ruled that certified nursing assistants at a nursing home may comprise an appropriate bargaining unit without including other nonprofessional employees at the same facility.
The NLRB ruled that once a union petitions for a bargaining unit containing some but not all employees who share a “community of interest,” the burden of proof falls on the employer seeking to have some...(register to read more)