On September 9, 2019, the National Labor Relations Board (NLRB)
issued its decision in The Boeing Company, 368 NLRB No. 67
(2019), clarifying an earlier ruling and reinstating the
traditional community of interest standard for bargaining unit
determinations.
In a 2017 decision, PCC Structurals, Inc., 365 NLRB 160
(2017), the NLRB rejected the use of "micro
units"1 and ruled that when determining whether a
proposed unit is appropriate, the Board must consider the
traditional community of interests factors, and the interests of
employees both within and outside the petitioned-for unit. However,
the Board did not explain how the shared and distinct interests
should be weighted. This ruling generated confusion among
practitioners and adjudicators, prompting the Board to clarify how
the shared and distinct interests should be weighed in a community
of interests analysis.
