As we have previously reported, a majority of employees in a maintenance employee bargaining unit that the Board found appropriate voted for representation by a local union affiliated with the United Auto Workers. Subsequently, Volkswagen engaged in a technical refusal to bargain so that it could carve a path to get into court. As expected, the NLRB on August 26 found that the maintenance employee bargaining unit was an appropriate unit for collective bargaining. On September 1, Volkswagen sought review by the D.C. Circuit. We expect the UAW to prevail: the Board is given broad latitude under the NLRA to decide what constitutes an appropriate bargaining unit, and it is settled law that the unit need not be the most appropriate unit. The fact that the UAW lost an earlier election at the plant in a wall-to-wall unit is unlikely to bear on the issues in court. Instead, to avoid the Board’s certification of the UAW local and court enforcement of the Board’s order to bargain, Volkswagen will probably have to show that the employees in the unit have an overwhelming community of interest with the other employees in the plant.