As part of the National Labor Relations Board’s spate of recent decisions reversing Obama-era Board precedent, on December 15, 2017, the Board in PCC Structurals, Inc., 365 NLRB No. 160 (2017) overturned Specialty Healthcare, 357 NLRB No. 83 (2011), reinstating the Board’s prior standard for determining the appropriateness of a petitioned-for bargaining unit. The Board explicitly rejected Specialty Healthcare’s “overwhelming community of interest” standard, effectively rebalancing the scales and removing the heightened burden placed on employers attempting to demonstrate that other excluded employees belong in a petitioned-for bargaining unit.
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