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ARTICLE · 19 DECEMBER 2017

The Big(Ger) Ba(Rgaini)Ng Theory

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In yet another significant decision overturning a controversial Obama-era ruling, the NLRB has reverted to its prior standards in determining what will be an appropriate bargaining unit ...

United StatesEmployment and HR
Bradford Livingston
Bradford Livingston
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In yet another significant decision overturning a controversial Obama-era ruling, the NLRB has reverted to its prior standards in determining what will be an appropriate bargaining unit for union organizing and bargaining. PCC Structurals, Inc., 365 NLRB No. 160 (December 15, 2017).  Just a day before his term on the Board ended leaving a vacancy and 2-2 split among its members, Chairman Miscimarra along with the two newest Board members appointed by President Trump — over the sharp dissent of the Board's two Democratic members — reversed the so-called "micro bargaining unit" test set out in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011). It's now a Big(ger) Ba(rgaini)ng Theory, or as Sheldon Cooper might say: Bazinga!

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