National Labor Relations Board

Case Status


Docket Number



Case Updates

NLRB determines standard for determining “appropriate bargaining units”

August 30, 2011

The NLRB overruled its 1991 decision in Park Manor, which established a specific standard for determining appropriate bargaining units for nursing homes, rehabilitation centers, and other facilities. In its Specialty Healthcare decision, the NLRB held that non-acute health care facilities employees would be subject to the “community-of-interest” test to determine whether they could constitute an “appropriate bargaining unit.” The board found that in this instance, the nursing home Certified Nursing Assistants might be considered an “appropriate bargaining unit” even though the unit excludes other non-professional employees.

Dissenting, NLRB board member Brian Hayes criticized the NLRB's activist decision to eliminate the non-controversial, 20-year old Park Manor test, particularly where the party seeking NLRB review had never objected to the Park Manor test.

Amicus brief filed 3/8/11. Supplemental brief filed 3/29/11. Decided 8/30/11.

Case Documents