Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: Specialty Healthcare

Another NLRB Course Reversal: Union Organizing in “Micro-Units”

Posted in NLRB, Union Organizing
In the final days of Chairman Philip Miscimarra’s (R) term, we have seen a flurry of decisions that reverse the outcome of cases decided during the Obama Board years. Friday, the last day of Chairman Miscimarra’s term, was no different.  In the NLRB majority’s sights this time was the union-friendly Specialty Healthcare decision that made… Continue Reading

Student Assistants at Private Colleges and Universities Can Unionize

Posted in Union Organizing
Last week, the NLRB majority ruled that undergraduate and graduate students providing services as teaching or research assistants at private colleges and universities could be “employees” of their school within the meaning of the National Labor Relations Act. Therefore, these students could collectively bargain with their school.  The NLRB’s holding marks another chapter in the… 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

AGC Memorandum Contains Answers to Questions from Practitioners

Posted in NLRB
Earlier this year, the Acting General Counsel met with the Practice and Procedure Committee of the American Bar Association’s Labor and Employment Law Section.  This meeting is an annual undertaking.  The AGC answered questions the Committee collected from labor law practitioners around the country. Earlier this month, the AGC released a memorandum (pdf) summarizing the questions that… 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