Fragmented Workforces: A New Challenge For Employers

Law360, New York (April 17, 2013, 12:34 PM EDT) -- The National Labor Relations Board recently made it easier for unions to win representation elections by allowing unions to fragment workforces and cherry-pick the unit of employees most likely to support unionization. On March 20, 2013, this happened to a plumbing contractor’s workforce in Fraser Engineering Company, 359 NLRB No. 80 (2013), where the board recognized a smaller unit of plumbers and pipefitters after having approved a larger unit only two years prior (when the union lost the election).

Such “microunits” were made possible by the...
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