Sunday, August 18, 2013

NLRB Win: Sixth Circuit Appeals Ct Rules Unions Can Organize “Micro Units”

NLRB Specialty Healthcare Unios Organize Micro Bargaining Units Collage

 Wall Street Journal

"The Sixth Circuit Court of Appeals on Thursday upheld a 2011 ruling by the National Labor Relations Board. In that case, known as Specialty Healthcare, the NLRB sided with a union that wanted to try to organize a group of nursing assistants, despite the employer’s argument that other nonprofessional employees should be included. The board said that if an employer thinks workers have been improperly excluded from a union-proposed bargaining unit, the onus is on the employer to show that those workers share an “overwhelming community of interest” with the included workers…"

Continue reading

Kindred Nursing v NLRB 1027-1174, Sixth Circuit, Opinion of Boyce F. Martin, Jr., Circuit Judge, USCA (excerpt)
"….Federal labor law gives the Board wide discretion to delineate the “bargaining unit,” the term for the group of workers that will vote on union representation. Kindred Nursing Centers East, LC, a nursing home operator, has petitioned for review of the Board’s order that a bargaining unit of Certified Nursing Assistants “constitute[d] an appropriate unit.” Specialty Healthcare and Rehab. Ctr. of Mobile, 357 N.L.R.B. No. 83, 2011 WL 3916077 at *2 (2011). The Board has petitioned for enforcement of the order. The central issue in this case is whether the Board actedwithin its discretion in deciding Specialty Healthcare. We conclude that it did, and we therefore DENY Kindred’s petition for review and GRANT the Board’s cross-petition for enforcement…."
According to the opinion, Kindred employees are placed in one of eight separate departments: nursing, nutrition services, resident activity, maintenance, administration, medical records, central supply, and social services.

While the union petitioned to sign up fifty-three full-time and part-time employees, thirty years ago, they would have demanded that all eighty-six join the union.  Clearly, their actions with support of the NLRB are self-serving.

In the medical field, if there is pandemonium in the workplace, workers are distracted for whatever reason, unable or refuse to work together due to office politics and conflicts, those who need to be cared for or serviced will suffer, be neglected, even die.

When union members are at odds with management, they refuse to cooperate, do what’s right, let alone give a damn.

Cherry-pick, divide, conquer, destroy, and collect union fees while bleeding management until all have no more to give seems to be the name of the game.

Closing down thanks unions

Talk about unintended consequences (or not), the creation of micro units will benefit the unions, no one else.  Further, it is bound to create chaos and division in the workplace and I suspect in time job loss.

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 If unable to view ruling, you can view it here.

See also:  Union-Free America, Beware: Obama’s NLRB Is Locked, Loaded & Ready To Do Union Bosses’ Bidding
NEW STUDY: Union Shareholder Activism: No Benefit to Shareholders


All posts cross-posted on PUMABydesign001's Blog