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ARTICLE · 08 NOVEMBER 2016

Yet Another Micro-Unit Victory, NLRB Refuses To Review Decision Certifying Service Technicians-Only Bargaining Unit

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.

United StatesEmployment and HR

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, 21-RC-178527.  In doing so, the Board rejected the employer's argument that additional employees, particularly lube technicians, should be included in the unit, finding the two types of workers did not share "an overwhelming community interest," necessitating their inclusion in the same unit.

Relying heavily on Specialty Healthcare & Rehab. Center of Mobile, 357 NLRB 934, 938 (2011), enfd. 727 F.3d 552 (6th Cir. 2013), the majority of the three-member board ruled that the petitioned-for unit of service technicians was appropriate based on an application of the "overwhelming community-of-interest" standard.  As articulated in Specialty Healthcare:

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