NLRB Asks 4th Circ. To OK Union Under Controversial Test

Law360, New York (September 13, 2012, 4:37 PM EDT) -- The National Labor Relations Board urged the Fourth Circuit on Monday to uphold the approval of a union comprised of maintenance workers at a Nestle Dreyer's Ice Cream Co. plant, which the board certified under the controversial standard articulated in its Specialty Healthcare ruling.

Dreyer's lodged an appeal in May, attacking the Specialty Healthcare standard and maintaining that any collective bargaining unit at its Bakersfield, Calif., facility must include not only the maintenance workers but production employees as well. But the board shot back in its...
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