Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: bargaining unit

IAM Losses First Round of Micro-Unit Fight with Nissan

Posted in Elections
On June 11, 2021, the NLRB Regional Director rejected the IAM’s petition to represent 87 tool and die technicians out of about 4,300 production and maintenance employees at Nissan’s Smyrna, Tennessee plant.  As reported on this blog, the IAM filed a micro-unit petition earlier this year.  The NLRB Regional Director held a 10-day evidentiary hearing… Continue Reading

General Counsel’s New Procedures for Bargaining Unit Determinations Will Impact Pending Representation Cases

Posted in Elections, Union Organizing
On the heels of the NLRB’s recent decision changing the approach to determining whether a proposed bargaining unit is appropriate, the NLRB General Counsel issued a memorandum explaining how regional offices around the country should apply that decision to pending election cases.   As we discussed on this blog last week, the NLRB’s recent decision in PCC… Continue Reading

New Rule on Election Procedures will Speed Up Union Elections

Posted in NLRB, Union Organizing
The NLRB has, after much anticipation, issued its “ambush election” or “quickie election” final rule.  A summary of the major provision in the rules can be found here.   The rulemaking, which followed a long and tortured procedural path, is a major overhaul of the procedures used to conduct secret ballot, union elections. These elections are an important… Continue Reading

A Limit on Micro-Unions for Now, but Long-Term Significance of Limitation Uncertain

Posted in NLRB, Union Organizing
On the heels of the much anticipated decision involving the Macy’s department store chain, discussed on this blog last week, the NLRB on Monday released its opinion in a similar case involving Neiman Marcus. Unlike the outcome in  the Macy’s case, however, the NLRB found the bargaining unit that the union sought to represent was not… Continue Reading

Court of Appeals Upholds NLRB’s “Micro-Unions” Decision

Posted in Union Organizing
By Nelson Cary and James Patrick In a blow to employers, a court of appeals has affirmed (pdf) the NLRB’s union-friendly decision in Specialty Healthcare and Rehabilitation Center. The NLRB’s decision in Specialty Healthcare required the employer, if it wanted to add employees to the union’s proposed bargaining unit that the union wanted to exclude, to prove that the excluded… Continue Reading

NLRB Invites Briefs in Case Involving College Faculty

Posted in NLRB
Last week, the NLRB invited interested parties to submit briefs in a case involving a group of college faculty seeking union representation.  At issue in the case is whether the faculty members are an appropriate unit for bargaining.  The NLRB asks that those filing briefs address one or more of eight different questions.  The questions can… Continue Reading

NLRB Overrules 20-Year-Old Standard for Bargaining Units in Non-Acute Health Care Facilities

Posted in NLRB
By Nelson Cary and Micah Dawson After identifying issues neither the union nor the employer raised, and inviting interested parties to submit briefs on those issues, the NLRB has issued a union-friendly decision.  In the process, the NLRB has reversed a 20-year-old precedent for bargaining unit determinations in nursing homes, rehab facilities, and other non-acute health… Continue Reading

Proposed Rule Hastens Union Election Process

Posted in EFCA, NLRB
It is only Wednesday, and yet the week has still been a tough one for employers concerned about union-related issues. On Monday, the U.S. Department of Labor proposed a new interpretation regarding persuader activity. Then yesterday, the NLRB announced a proposed rule that will significantly change, and likely accelerate, the union election process. The official publication of the… Continue Reading

Ohio State Employment Relations Board Rules Police Captains May Be Included in Bargaining Unit

Posted in SERB
A threshold issue in labor relations is which grouping of employees constitutes an appropriate bargaining unit.  Those who are in the bargaining unit will be represented by the union.  This question must be addressed by both public and private sector employers.  In Ohio, particularly in the area of law enforcement personnel, there are unique rules applicable to public… Continue Reading