NLRB Proposes Rulemaking to End Rollercoaster of Joint-Employer Decisions

Gray, Kristin - 300dpi
Kristin Gray

On September 14, 2018, the National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking aiming to clarify the joint-employer standard and, as discussed in the NLRB’s September 13th announcement, “foster predictability, consistency and sustainability in the determination of joint-employer status.”  The Proposed Rulemaking would put an end to the dizzying twists and turns of recent decisions on the standard for determining when two businesses are joint-employers.  Continue reading

NLRB Tosses “Overwhelming Community of Interest” Standard and Returns to the “Traditional Community of Interest” Standard in Determining Appropriate Bargaining Units

Executive Summary: On December 15, 2017, the National Labor Relations Board (NLRB or Board) overruled Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011), which required an “overwhelming community of interest” when determining the appropriateness of a bargaining unit, and returned to the “traditional community of interest” standard that the Board has applied throughout most of history. See PCC Structurals, Inc. and International Association of Machinists & Aerospace Workers, AFL-CIO, District Lodge W24, Case 19-RC-202188.

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