NLRB’s Specialty Healthcare Test Comes to Acute Care


Barry A. Guryan, a Member of the Firm in the Health Care and Life Sciences and Labor and Employment practices, in the firm’s Boston office, authored an article in Law360, titled “NLRB's Specialty Healthcare Test Comes to Acute Care.” (Read the full version — subscription required.)

Following is an excerpt:

Ever since 1974, when the National Labor Relations Board first took jurisdiction over health care institutions, the board has paid particular attention to the impact of union organizing on the delivery of health care in this industry in general and of acute care hospitals in particular. When the National Labor Relations Act was first amended in 1974, Congress stated its objective at the time was to avoid a “proliferation of bargaining units” as one method to limit the inevitable disruption created by numerous elections and negotiations, while at the same time balancing employees' opportunity to exercise their Section 7 rights to organize and collectively bargain.

Consistent with this goal, in 1987, the NLRB instituted a rule-making procedure to streamline the organizing and collective bargaining process in the health care industry and instituted the health care rule (29 C.F.R. Sect. 130), which sets forth the eight appropriate units for acute care hospitals.

This article is based on a post, “NLRB Extends 'Specialty Healthcare' to Acute Care Hospitals: Carves Unit into Multiple Smaller Pieces” authored by Mr. Guryan on Epstein Becker Green’s Health Employment and Labor blog.