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FedEx v. NLRB

Articles Discussing Case:

The Eighth Circuit Upholds Specialty Healthcare

Franczek Radelet P.C • March 15, 2016
Last week, the U.S. Court of Appeals for the Eighth Circuit upheld the National Labor Relations Board’s Specialty Healthcare framework for determining whether a union’s petitioned-for bargaining unit is appropriate. Under this two-step analysis, the Board evaluates whether the employees in the proposed unit are “readily identifiable” as a group and “share a community of interest.” If the unit is determined to be appropriate, an employer seeking to challenge the proposed unit must show that other workers not identified by the union share an “overwhelming community of interest” with the proposed bargaining unit. As we have previously reported in our November 24, 2015 alert, employers face a high hurdle when challenging a union’s petitioned-for bargaining unit under Specialty Healthcare.