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Top Five Labor Law Developments for December 2020

The union filed a petition to represent a unit of roughly seven dockworkers and clerks at the distribution center, but the employer contended that a proper unit must also include seven drivers based at the same facility. Rejecting the employer’s argument and directing an election among the dockworkers and clerks, the acting Regional Director (RD) of the NLRB’s Oakland office found the drivers do not share enough in common with the dockworkers and clerks at the facility, because the drivers made significantly more money than the clerks and dockworkers and because there was no evidence the two groups of workers ever performed each other’s job duties.

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