NLRB urged to overturn retail micro-union certification
June 14, 2012 | By Ken Clark
The Retail Litigation Center (RLC) and the Retail Industry Leaders Association (RILA) jointly submitted an amicus curiae brief to the National Labor Relations Board (NLRB) in support of Bergdorf Goodman’s appeal of an NLRB regional director’s recognition of a micro-union at a New York store location.
Last month, the NLRB region 2 director ruled that the Bergdorf Goodman women’s shoe departments on the second and fifth floor constituted a valid bargaining unit. The ruling relied upon the controversial 2011 NLRB decision in Specialty Healthcare, which redefined the standard for bargaining unit determinations, ostensibly only for a limited sector. Nonetheless, the decision is being broadly applied, contrary to well-settled law and with fantastical results such as the two-shoe department unit ratified here.
According to the brief, “Longstanding Board precedent makes this an easy case. The regional director’s decision must be reversed because it does not comport with the well-established rule that created a presumption in favor of the whole-store union in the retail context. This whole-store presumption has been repeatedly applied, across the past half-century, to reject far more inclusive proposed units of retail employees than the two-shoe departments in this case.”
The concept of micro-unions emerged from the NLRB’s August 2011 Specialty Healthcare decision. The new definition of a proper bargaining unit allows union organizers to gerrymander a workplace by cherry-picking small groups of employees within a larger work force that might not otherwise agree to union representation in order to form a micro-union.
And what will they gain from their membership ?
Will they gain anything of significance or material benefit ?
The Canadian WMT workers who voted in a union sure came up empty handed.
What I can't understand is why Walmart can't Picket the Unions that forced America to lose those Walmart Jobs in Texas??
Why can't Walmart employees picket Union Halls???
If your a Brave Union Man maybe you can tell me why "the Man" has to fight Unions with being quiet while Unions can pull all the dirt they want to?
Are you a Lil union man who likes unfair fights?? Please advise why you have to band together with Gov support to destroy america...can you not make it on your own in this Country...you ought to be proud???
Nothing new here! Wal-Mart has a MEAT-CUTTERS union within a single Texas store. In retaliation, WMT closed the meat cutting department forever.
What I can't understand is why the UNION doesn't picket that TEXAS Wal-Mart until it closes. Forever!
The union probably could "picket that TEXAS Wal-Mart until it closes". But then what happens? If the workers lose their jobs because the union succeeded in getting the store to close, just who do you think they're going to blame? And how would the unions interests be advanced, to say nothing of those of the workers themselves?
Just don't see unions succeeding with workers if what they primarily have to offer is the loss of their jobs. And, unfortunately, that's what pretty much all unions have had to offer to a sizable portion - if not a majority - of their members over the past few decades.