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Employment Law This Week (Episode 60: Week of February 20, 2017) has released bonus footage of its interview with Michael F. McGahan, a Member of the Firm at Epstein Becker Green.
As Mr. McGahan discusses, the NLRB had approved an election in a proposed wall-to-wall bargaining unit that included different kinds of employees at Tito Contractors. On appeal, the U.S. Court of Appeals for the District of Columbia Circuit found that the NLRB erred by failing to adequately consider evidence that the workers did not share a "community of interest," as required by the NLRA. For that reason, the court remanded the case to the NLRB for further consideration.
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