Before the 2011 decision, the NLRB previously disapproved of the micro-units. The chairman’s words could foreshadow where the board would settle on this matter in the future with the new pro-business nominees. Miscimarra has argued that the case was wrongly decided and affords too much “deference to the petitioned-for unit in derogation of the mandatory role that Congress requires the board to play ‘in each case’” when making bargaining determination.

Related Articles: