October 1st, 2013 | Comments Off on NLRB’s New Brew: “Micro-Units”

Micro brews are all the rage among today’s increasingly sophisticated beer consumers. With the large variety of tastes that micro-brews offer consumers are far more likely to find a beer that suits their tastes.

The NLRB appears to have adopted a similar approach to bargaining unit composition.  The Board has the authority to determine which employees will be included and which employees will be excluded from collective bargaining and voting units.  Historically the NLRB made these determinations based on its findings that a specific group of employees within an employer enjoyed a sufficient “community of interests” allowing them to adopt common bargaining objectives to effectively deal with their employers over their common issues relating to wages, hours and working conditions. The Board was prohibited from constructing bargaining units that were merely tailored to a union’s extent of organizational success within the employer’s workforce.

These bargaining unit principles appear to have been abandoned by the Obama Board, which in 2011 started to certify small groups of employees, commonly referred to as “micro units,” forming sub-organizations of a larger community of employees.

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NLRB’s New Brew