August 17, 2013
JOHN R. LaBAR – Client Alert on U.S. Sixth Circuit Upholding NLRB Decision Allowing “Micro Unions”. On August 15, 2013, the U.S. Court of Appeals for the Sixth Circuit affirmed the National Labor Relations Board’s decision in Specialty Healthcare. In Specialty Healthcare, the Board overruled over 20 years of practice in how the Board determines the appropriate bargaining unit in nonacute healthcare facilities. Of particular concern to employers is that the underlying decision in Specialty Healthcare permits unions to petition for smaller “bargaining units”, with such units consisting of only one department or even job classification, as compared to the Board’s prior preference of favoring “wall-to-wall units” at a single site.