HR Policy Amicus Brief Urges NLRB to Review "Microunit" Case

July 20, 2018

HR Policy called on the National Labor Relations Board to review a regional director’s decision to limit a union representation election to a small group of employees at one of Boeing’s South Carolina facilities because it would “cause the fracturing of integrated manufacturing facilities nationwide.”

The amicus curiae brief argues that the regional director’s decision to proceed with a fragmented-unit election failed to properly apply the Board’s traditional standards re-established by the Trump Board last year (reversing the previous Board) and failed to apply the NLRB’s long-standing presumption in favor of plant-wide units in the manufacturing setting.

What standard the NLRB will apply to determine appropriate bargaining units under the NLRA … is also extremely important for employers as the composition of a voting unit can have significant ramifications on the ability of the employer to interact with its employees and to carry on its operations without interruption of strikes, jurisdictional disputes, and other potential impediments.”

Outlook:  Boeing filed its request for review on June 27, 2018, and the Board hasn’t set any dates for action on the case.