In PCC Structurals, Inc., 365 NLRB No. 160, the National Labor Relations Board (“NLRB”) clarified the correct standard for determining whether a proposed bargaining unit constitutes an appropriate unit for bargaining when the employer contends that the smallest appropriate unit must include additional employees. The NLRB overruled Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB No. 934 (2011) (Specialty Healthcare) and reinstated the traditional community-of-interest standard for determining an appropriate bargaining unit in union representation cases.
Under Specialty Healthcare, if a union petitioned for an election among a particular group of employees, those employees shared a community of interest among themselves and the employer took the position that the smallest appropriate unit had to include employees excluded from the proposed unit, the NLRB would not Continue reading