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Expert Analysis

Sizing Up The Specialty Healthcare Test For Employers

Law360, New York ( March 3, 2015, 12:05 PM EST) -- Nestle Dreyer's Ice Cream Co. v. National Labor Relations Board is a case pending in the Fourth Circuit that may very well determine the viability of the NLRB's Specialty Healthcare standard for ascertaining the appropriateness of bargaining units. The Sixth Circuit previously upheld the Specialty Healthcare standard in Kindred Nursing Centers East LLC v. NLRB, 727 F.3d 552 (2013), but without referencing a Fourth Circuit case, NLRB v. Lundy Packing Co. 68 F.3d 1577 (1995), that at least arguably proscribed the NLRB from using the "overwhelming-community-of-interest" standard in determining the appropriateness of a unit....

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