['Unions/Labor Relations']
['Unfair Labor Practices', 'Collective Bargaining Agreements (CBAs)', 'National Labor Relations Act (NLRA)', 'National Labor Relations Board (NLRB)']
05/16/2022
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Kindred Nursing Centers dba Specialty Healthcare v. NLRB, Sixth Circuit, Nos. 12-1027/1174, August 15, 2013
Decision: A group of employees may form a union without including similarly situated employees unless there is an overwhelming community of interest, even if this creates multiple unions at a single facility.
The case began with a group of certified nursing assistants who wanted to form a union. The employer argued that other employees who shared a “community of interest” should be included in the bargaining unit. Such employees included dietary aids, clerks, and a receptionist.
The National Labor Relations Board (NLRB) disagreed, ruling that any identifiable group of employees may form a bargaining unit. Moreover, the employer must show an “overwhelming community of interest” to justify the inclusion of others in the proposed unit. Employers could thus face the creation of several unions at the same facility, but the NLRB found that such an occurrence would not be in conflict with the National Labor Relations Act (NLRA).
The employer challenged the ruling in court, but lost. Among its challenges, the employer claimed that the “overwhelming” requirement violates the NLRA because Section 9(c)(5) says that the determination of whether a bargaining unit is appropriate cannot be controlled by the extent of the employees' support for a union.
The court found that the extent of support was only one factor, not the controlling factor, and rejected that argument. The court also cited another ruling which found that as long as the NLRB establishes a unit's appropriateness before applying the “overwhelming community of interest” standard, then Section 9(c)(5) has not been violated.
Essentially, any group of employees could form a union if they share similarities in factors such as wages, working conditions, job skills and functions, or supervision. Potentially, employees under each supervisor could form a union separate from other employees at the company. The NLRB stated that an “overwhelming community of interest” exists only “where almost every factor overlaps.”
The Sixth Circuit found that it must uphold a unit determination “unless the employer establishes that it is arbitrary, unreasonable, or an abuse of discretion,” and noted that other courts found that to require the inclusion of additional employees, the employer must show that there is “no legitimate basis” for excluding them.
The Sixth Circuit covers the states of Michigan, Ohio, Kentucky, and Tennessee.
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['Unions/Labor Relations']
['Unfair Labor Practices', 'Collective Bargaining Agreements (CBAs)', 'National Labor Relations Act (NLRA)', 'National Labor Relations Board (NLRB)']
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