Recent NLRB Decisions

There have been a couple notable NLRB decisions recently.  Among them:

• The NLRB, in a case from the previous Board, has extended its Speciality Healthcare rule to a non-healthcare workplace in DTG Operations.  The bottom line is that this continues the Board's increased willingess to approve a unit that does not include all employees in the same facility.  Also notable is an especially strong dissent by Member Hayes.
• In Flaum Appetizing, a 2-1 Board concluded that an employer trying to use Hoffman Plastic to avoid paying back to employees who are allegedly undocumented must provide a factual basis for its claim. This burden will require employers to give specifics on the lack of documentation, such as fraudulent documents that employees used to get their jobs

Hat Tip:  Patrick Kavanagh & Dennis Walsh

-JH