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NLRB Invites Briefs Regarding Appropriate Bargaining Units

Office of Public Affairs

In a notice issued today in American Steel Construction 371 NLRB No. 41 (2021), the National Labor Relations Board invited parties and amici to submit briefs addressing whether the Board should reconsider its standard for determining if a petitioned-for bargaining unit is an appropriate unit. 

In PCC Structurals 365 NLRB No. 160 (2017), as revised in The Boeing Co., 368 NLRB No. 67 (2019), the Board overruled the prior standard for determining if a proposed bargaining unit is an appropriate unit, which was set forth in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011).  In today’s notice, the Board invites the filing of briefs to afford the parties and interested amici the opportunity to address the following questions:

1. Should the Board adhere to the unit-determination standard in PCC Structurals, Inc., 365 NLRB No. 160 (2017), as revised in The Boeing Company, 368 NLRB No. 67 (2019)?

2. If not, what standard should replace it? Should the Board return to the standard in Specialty Healthcare, 357 NLRB 934 (2011), either in its entirety or with modifications?

Chairman McFerran and Members Wilcox and Prouty issued the notice and invitation. Members Kaplan and Ring dissented. 

Briefs not exceeding 20 pages in length may be filed with the Board in Washington, DC on or before Friday, January 21, 2022. The parties (but not amici) may file responsive briefs on or before Monday, February 7, 2022, which shall not exceed 30 pages in length.  No other responsive briefs will be accepted. The parties and amici shall file briefs electronically by E-Filing on If assistance is needed in E-filing, please contact the Office of Executive Secretary at 202-273-1940.

Established in 1935, the National Labor Relations Board is an independent federal agency that protects employees from unfair labor practices and protects the right of private sector employees to join together, with or without a union, to improve wages, benefits and working conditions. The NLRB conducts hundreds of workplace elections and investigates thousands of unfair labor practice charges each year.