U.S. Court of Appeals for the Second Circuit

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November 21, 2016

The Second Circuit held that Specialty Healthcare was a permissible construction of the NLRA, but also held that it was applied incorrectly in this case.

U.S. Chamber urges Second Circuit to reject NLRB standard for determining appropriate bargaining units

December 16, 2015

The U.S. Chamber urged the Second Circuit to review the National Labor Relations Board’s (“NLRB”) standard for determining the composition of bargaining units under the National Labor Relations Act (“NLRA”) as announced in Specialty Healthcare & Rehab. Ctr. of Mobile. The brief argues that the Specialty Healthcare test is in conflict with the NLRA and explains how use of the new standard significantly harms employers and employees, as micro-units disrupt both the efficient operation of the business and effective collective bargaining.

This brief was filed jointly with the Coalition for a Democratic Workplace, National Association of Manufacturers, National Retail Federation, and Retail Litigation Center, Inc.

Zachary D. Fasman and Mariya Nazginova of Proskauer Rose LLP served as co-counsel for the amici.

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