Rise of the 'Microunits'

Bert Brannen was quoted in the November 20, 2013 issue of Human Resource Executive.

The article focuses on a recent court decision that now makes it easier for unions to establish micro-bargaining units, which may give employers a more difficult fight when challenging them.

The ruling in Kindred Nursing Centers East v. NLRB, enables unions to organize micro-bargaining units in non-acute healthcare facilities.

“The controversial decision is a significant legal development under the National Labor Relations Act, for several reasons,” said Bert.

Although the decision may not change the way most human resource professionals conduct business, Bert said it demonstrates the deference that the Circuit Court of Appeals gives to the National Labor Relations Board to determine what is an appropriate bargaining unit.

By making it easier for unions to establish microunits, employers will have a more difficult time challenging them.