The National Labor Relations Board (NLRB) is considering allowing smaller groups of workers to organize their own separate bargaining units in larger workplaces. The NLRB asked interested unions to file amicus (“friend of the court”) briefs on this issue in a case called American Steel Construction.
Hopefully, the NLRB will use this case to reverse or narrow a case the Trump NLRB issued that made it harder for smaller groups of workers to petition for their own election and union. According to Bloomberg Law, since the Trump board issued the decision, NLRB Regional Directors have cited the decision to reject the proposed bargaining units of at least 48 election petitions.
The case in which the NLRB is accepting amicus briefs is American Steel Construction, 370 NLRB No. 41 (Dec. 7, 2021).
If the NLRB makes it easier for smaller groups of workers to organize, it should help unions get a foot in the door and then bargain other groups of workers into the unit or file Armor-Globe, self-determination election petitions so that those other groups can vote whether to join the unit. Additional information can be found at Armour, 40 NLRB 1332 (1942); and Globe Machine & Stamping, 3 NLRB 294 (1937).
Any questions regarding the NLRB’s decision to revisit the appropriate voting unit standard should be addressed to George Wiszynski at email@example.com.