NLRB Reverses ‘Micro Units’ Ruling

On December 15, 2017, the National Labor Relations Board (NLRB) issued a decision that abandons the ability to organize “micro units.” The decision reinstates the previous standard that employees have to share an “overwhelming community of interests” to be an appropriate bargaining unit.

The Board said that the Specialty Healthcare decision gave too much power to union organizers to decide which employees should be included in the bargaining unit and inappropriately allowed unions to gerrymander the workforce, only choosing the workers who wanted to organize and effectively disenfranchising other workers. Unions are expected to challenge this decision in federal courts.