6th Circ. Upholds NLRB's Specialty Healthcare Ruling

Law360, New York (August 15, 2013, 12:36 PM EDT) -- The Sixth Circuit on Thursday upheld the National Labor Relations Board's controversial Specialty Healthcare decision, which heightened the standard for employers challenging narrow collective bargaining units, saying the labor board has broad discretion to determine appropriate units.

The board's August 2011 decision in Specialty Healthcare and Rehabilitation Center of Mobile, which the appeals court blessed Thursday, held that an employer that challenges a proposed bargaining unit on the basis that it improperly excludes certain employees is required to prove that the excluded workers share “an overwhelming...
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