The National Labor Relations Board (NLRB) recently asked the parties to a case—as well as interested members of the public—for briefs addressing whether the board should reconsider the standard it uses to determine if a petitioned-for bargaining unit within a workplace is appropriate.
In American Steel Construction 371 NLRB No. 41 (2021), the NLRB is seeking friend-of-the-court briefs that answer the following questions:
Should the board keep the unit-determination standard in PCC Structurals, Inc., 365 NLRB No. 160 (2017), as revised in The Boeing Company, 368 NLRB No. 67 (2019)? This standard is often referred to as the “community of interest” standard.
