Specialty Healthcare was a simple case that addressed the single issue of whether the union's proposal for a union consisting solely of certified nursing assistants at a nursing home was appropriate or whether, as the employer argued, the appropriate unit would consist of all nonprofessional service and maintenance employees. However, the Board has indicated that it is reconsidering the bargaining unit rules not only for nursing homes, but for nearly all of the six million employers covered by the NLRA. Specifically, the Board has requested comments on whether it should create a presumption that a bargaining unit is appropriate if it consists of all employees performing the same job. It also seeks comments on whether a unit should be appropriate solely based on similarity of function and skills of the employees without considering other traditional factors. Interested parties have until March 8, 2011, to make their views known to the Board.
How Far Could The Board Go?
It is hard to say for sure, but Member Becker is on the record in a prior case where he characterized “a unit of aU the employees doing the same job at the same location” as “one of the most logical and appropriate units within which to organize.” Member Becker also made it clear that he believes that “too often, parties dispute the scope or shape of the proposed unit as a means of delaying an election or obtaining other strategic advantages.” There is a very real possibility that the Board will adopt a radically different approach to determining bargaining units. This is especially troubling since there is no direct way that the decision of the Board in this case can be challenged in court.
Potential Impact. Should the Board create the presumption it is contemplating, then the result will be that unions will find it significantly easier to gerrymander small, micro-tmits of supporters. The decision could make it easier for unions to organize by cherry picking a unit composed of the subset of employees most likely to organize, regardless of whether those employees constitute a practical unit. Employers who are organized under such a system could be faced with the complicated and extremely burdensome task of bargaining with multiple small or “fractured” units, with separate wage schedules, benefit packages and grievance processes for similarly situated employees. This could overwhelm businesses, particular small businesses, with administrative requirements forcing them into a constant state of bargaining. Fractured units also would greatly limit an employer's ability to cross train and meet customer and client demands via lean, flexible staffing as employees could not perform work assigned to another units. The impact on a business productivity and competitiveness would be significant. Employees also would suffer from reduced job opportunities as promotions and transfers would be hindered by organization-unit barriers.
How To Weigh In
The Board has requested interested parties to file legal briefs by March 8, 2011. While we encourage the participation of the business community in the brief process, you don't need to hire a lawyer or do anything so formal. In fact, The United States Chamber of Commerce recommends you simply send a letter stating your concern to the Chairman of the NLRB, Wilma Liebman, and to your federal elected officials. Letters to the NLRB Chairman should be sent to the following address:
Wilma Liebman, Chairman National Labor Relations Board 1099 14th Street NW Washington, DC 20570-0001. Should you wish to contact U.S. Chamber staff on this issue, please contact Michael Eastman at [email protected] or 202-463-5522.
How Far Could The Board Go?
It is hard to say for sure, but Member Becker is on the record in a prior case where he characterized “a unit of aU the employees doing the same job at the same location” as “one of the most logical and appropriate units within which to organize.” Member Becker also made it clear that he believes that “too often, parties dispute the scope or shape of the proposed unit as a means of delaying an election or obtaining other strategic advantages.” There is a very real possibility that the Board will adopt a radically different approach to determining bargaining units. This is especially troubling since there is no direct way that the decision of the Board in this case can be challenged in court.
Potential Impact. Should the Board create the presumption it is contemplating, then the result will be that unions will find it significantly easier to gerrymander small, micro-tmits of supporters. The decision could make it easier for unions to organize by cherry picking a unit composed of the subset of employees most likely to organize, regardless of whether those employees constitute a practical unit. Employers who are organized under such a system could be faced with the complicated and extremely burdensome task of bargaining with multiple small or “fractured” units, with separate wage schedules, benefit packages and grievance processes for similarly situated employees. This could overwhelm businesses, particular small businesses, with administrative requirements forcing them into a constant state of bargaining. Fractured units also would greatly limit an employer's ability to cross train and meet customer and client demands via lean, flexible staffing as employees could not perform work assigned to another units. The impact on a business productivity and competitiveness would be significant. Employees also would suffer from reduced job opportunities as promotions and transfers would be hindered by organization-unit barriers.
How To Weigh In
The Board has requested interested parties to file legal briefs by March 8, 2011. While we encourage the participation of the business community in the brief process, you don't need to hire a lawyer or do anything so formal. In fact, The United States Chamber of Commerce recommends you simply send a letter stating your concern to the Chairman of the NLRB, Wilma Liebman, and to your federal elected officials. Letters to the NLRB Chairman should be sent to the following address:
Wilma Liebman, Chairman National Labor Relations Board 1099 14th Street NW Washington, DC 20570-0001. Should you wish to contact U.S. Chamber staff on this issue, please contact Michael Eastman at [email protected] or 202-463-5522.