By: Jade M. Gilstrap

In the midst of what appears to be a proliferation of “micro-units,” on Tuesday, October 18, 2016, the NLRB declined to reconsider its decision to certify a unit of 14 service technicians employed by the Buena Park Honda dealership in Buena Park, California. Sonic-Buena Park H, Inc. d/b/a Buena Park Honda

By:  Bryan Bienias

This week, the Eighth Circuit Court of Appeals joined the Sixth Circuit in deferring to the NLRB’s Specialty Healthcare standard for determining appropriate bargaining units in union representation cases. The decision is yet another victory for unions seeking to quickly organize relatively small units of employees.

The case, FedEx Freight v. NLRB

By: Kenneth R. Dolin

Nestle Dreyer’s Ice Cream Co. v. NLRB is a case pending in the U.S. Court of Appeals for the Fourth Circuit that very well may determine the viability of the Board’s Specialty Healthcare standard for ascertaining the appropriateness of bargaining units. The Sixth Circuit previously upheld the Specialty Healthcare standard in

By:  Ashley K. Laken, Esq.

On July 28, 2104, the NLRB unanimously rejected a petitioned-for bargaining unit comprising shoe sales associates in two different departments at Bergdorf Goodman’s Manhattan retail store.  See The Neiman Marcus Group, Inc. d/b/a Bergdorf Goodman, 361 NLRB No. 11.  The Board found that the employees of the petitioned-for unit

By: David L. Streck and Bryan Bienias

In its recent 3-1 decision in Macy’s Inc., 361 NLRB No. 4 (2014), the National Labor Relations Board fueled employer concerns about fragmented micro-units in the retail industry.  There, the Board held that a bargaining unit of 41 Macy’s nonsupervisory cosmetics and fragrance (“C+F”) salespersons was an

By:  David L. Streck, Esq.

The scope of a bargaining unit is often a significant factor impacting unions’ success or failure in organizing campaigns.  The U.S. Court of Appeals for the Sixth Circuit gave unions a win last week when it upheld the Board’s controversial decision in Specialty Healthcare and Rehabilitation Center of Mobile (“Specialty

By Bryan R. Bienias, Esq.

Several of the country’s largest business groups have joined forces to stop the proliferation of “micro-units” in the retail industry. Last week, the National Labor Relations Board granted the U.S. Chamber of Commerce, the National Association of Manufacturers, the International Federation of Independent Businesses, and various other groups permission

By:  Bradford L. Livingston

The bargaining unit is central to labor relations.  After all, a union must bargain on behalf of someone, and exactly who that union organizes ─ which individual or multiple group(s) of employees, jobs, or departments; at which of an employer’s individual or multiple facilities; and even of which individual or