In a case known as Specialty Healthcare, the prior Obama Board majority put Big Labor in charge of determining the size and scope of a collective bargaining unit. The NLRB essentially held that any unit of employees that a union petitions to represent will be considered an appropriate bargaining unit unless the employer can show an overwhelming necessity for a larger unit. The Board’s decision clearly conflicts with the statutory prohibition against making unit determinations primarily based on a union’s extent of organizing.
Disregard for that statutory prohibition was evident again in a recent vote cast by Member Richard Griffin. He voted not to review the appropriateness of the union’s petitioned-for unit of employees despite the fact that it included two separate divisions of the employer, ADT Security Services, Inc., that would soon operate in two separate companies.
President Obama eliminated Senate consideration of his nominees to the NLRB. We are beginning to understand why.