Saturday, August 31, 2013
I've been slow to post on this one, but recently, the Sixth Circuit upheld the NLRB's Specialty Healthcare decision. In Kindred Nursing Centers v. NLRB, the court held that the rule was appropriate under the Board's wide discretion to determine appropriate bargaining units. In particular, the NLRB adequately explained why using its traditional--and repeatedly court-approved--overwhelming "community of interest" standard was appropriate for the non-acute health care centers at issue under Specialty Healthcare.
I'm generally a fan of courts deferring to the NLRB and that's particularly true in representational matters, where the Board is supposed to get especially high deference (can you tell I used to defend Board decisions in court?). It's even nice to see the Sixth Circuit do so, given that court's frequent hostility to Board decisions.
Also check out Ross Runkel's post on the decision.
Hat Tip: Patrick Kavanagh