121 and 143 days of contract execution was not filed after the “shortly contract is the petition was not timely filed. executed.” Accordingly 11-220 Accretion vs. Question Concerning Representation – 361 NLRB No. 62 (2014). The Board found that the new *AT Wall Co., classifications at issue did not perform the same basic functions as those in the existing unit because the new classifications produced different products using different processes under different conditions. The Board therefore declined to apply 338 NLRB 1365 (2001) to find that the new Premcor, Inc., classifications were part of the existing unit, but instead applied the traditional accretion standard. See Sec. 12-500 infra. 11-300 Deauthorization Petition (UD) – 359 NLRB No. 27 (2012). A Board majority denied review of First Student, Inc., a Regional dismissal of a UD petition where the RD found that Director’s the employees had become part of a merged national unit and the petition sought only an election at a single location. Chapter 12 Appropriate Unit: General Principles 12-210 Community of Interest – 727 F3d 552 (6th Cir. 2013). In this Kindred Nursing Centers East, LLC v. NLRB, decision, the Sixth Circuit affirmed the Boards decision in Specialty 357 NLRB No. 83 (2011), where the Board held that an Healthcare, employer who challenges an excluded classification from an otherwise appropriate unit, must of demonstrated “an overwhelming community interest with those in the petitioned for unit.” In two cases decided in 2013, the Board applied and found that Specialty efforts to add employees to otherwise appropriate units were not supported by overwhelming evidence. These cases are: 359 NLRB No. 80 (2013) (Employer sought to add Fraser Engineering Company, employees of wholly owned subsidiary)
121 and 143 days of contract execution was not filed “shortly after the contract is executed.” Accordingly the petition was not timely filed. 11-220 – Accretion vs. Question Concerning Representation *AT Wall Co., 361 NLRB No. 62 (2014). The Board found that the new classifications at issue did not perform the same basic functions as those in the existing unit because the new classifications produced different products using different processes under different conditions. The Board therefore declined to apply Premcor, Inc., 338 NLRB 1365 (2001) to find that the new classifications were part of the existing unit, but instead applied the traditional accretion standard. See Sec. 12-500 infra. 11-300 – Deauthorization Petition (UD) First Student, Inc., 359 NLRB No. 27 (2012). A Board majority denied review of a Regional Director’s dismissal of a UD petition where the RD found that the employees had become part of a merged national unit and the petition sought only an election at a single location. Chapter 12 Appropriate Unit: General Principles 12-210 – Community of Interest Kindred Nursing Centers East, LLC v. NLRB, 727 F3d 552 (6th Cir. 2013). In this decision, the Sixth Circuit affirmed the Boards decision in Specialty Healthcare, 357 NLRB No. 83 (2011), where the Board held that an employer who challenges an excluded classification from an otherwise appropriate unit, must demonstrated “an overwhelming community of interest with those in the petitioned for unit.” In two cases decided in 2013, the Board applied Specialty and found that efforts to add employees to otherwise appropriate units were not supported by overwhelming evidence. These cases are: Fraser Engineering Company, 359 NLRB No. 80 (2013) (Employer sought to add employees of wholly owned subsidiary)
ABA%202015%20Paper%20-%20March%202015%20%28TSJ%20additions%29.docx