The summary of NLRB decisions for the week of July 11 – 15 is now available.

Summarized Board Decisions

Miller & Anderson, Inc. (05-RC-079249; 364 NLRB No. 39) Franklin County, PA, July 11, 2016.

A Board majority, consisting of Chairman Pearce and Members Hirozawa and McFerran, found merit to the Petitioner’s request for review of the Regional Director’s administrative dismissal of the petition, and concluded that employer consent is not necessary for collective-bargaining units that combine jointly employed and solely employed employees of a single user employer. Instead, the majority held that it would apply the traditional community of interest factors to decide if such units are appropriate. The Board thereby overruled Oakwood Care Center, 343 NLRB 659 (2004), and returned to the holding of M.B. Sturgis, Inc., 331 NLRB 1298 (2000). The majority reasoned that Sturgis is consistent with Section 9(b) of the Act, and that Sturgis effectuates fundamental policies of the Act that Oakwood frustrates. The Board remanded the case to the Regional Director for further action.

Member Miscimarra dissented based on his view that the Act renders inappropriate a bargaining unit where one employer-participant has no “employer” relationship with some or most unit employees. In his view, the Act and sound policy considerations preclude the Board from certifying such combined units absent employer consent.

Petitioner ‒ Sheet Metal Workers International Association, Local Union No. 19, AFL-CIO.

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