NLRB Tells 6th Circ. Specialty Healthcare Test Isn't New

Law360, New York (June 7, 2012, 3:24 PM EDT) -- The National Labor Relations Board on Thursday urged the Sixth Circuit to uphold its controversial Specialty Healthcare decision, which critics say sets the stage for mini bargaining units, maintaining that the ruling had merely clarified an old standard, not created a new one.

The board's split decision in Specialty Healthcare and Rehabilitation Center of Mobile, made public Aug. 30, overturned a 1991 decision and held that an employer that challenges a proposed bargaining unit on the basis that it improperly excludes certain employees is required to...
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