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3 new NLRB decisions keep recent pro-union streak alive

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in Employment Law,Human Resources

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)

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