Selecting and Deselecting the Bargaining Representative
The attached Election Rules material is to be added as a new Note 5, on page 358. This new note describes the NLRB attempt to modify the 2014 election rules without formal rulemaking and the resulting changes following a district court’s partial rejection of those changes on administrative law grounds.
PCC Structurals goes with the material in Chapter 6 on determining an appropriate bargaining unit. In PCC Structurals, the NLRB overturned the 2011 Specialty Healthcare case, which made it easier for unions to petition for smaller bargaining units. In PCC Structurals–especially in combination with the subsequent The Boeing Co. (2019)–the NLRB made it easier for employers to insist on a larger bargaining unit.
Add the attached edited PCC Structurals decision to Chapter 6, Section 3, which starts on page 364.
The Boeing Co. (2019) goes with the material in Chapter 6, Section 3 on determining an appropriate bargaining unit.
In The Boeing Co. (2019), the NLRB refines the PCC Structurals analysis for unit determination issues–in particular, the inclusion or exclusion of certain types of employees. Although PCC Structurals is helpful in understanding why the Trump NLRB reversed the Obama NLRB’s Specialty Healthcare case, students could just read The Boeing Co. to understand the current unit determination test.
Add the attached edited The Boeing Co. (2019) decision to Chapter 6, Section 3, which starts on page 364. It should be read either after PCC Structurals or in place of it.