Labor Law -- 2019



Boeing v. Int'l Ass'n of Machinists and Aerospace Workers   (NLRB)

Supporting appeal of fractured, small union bargaining unit determination

The NAM filed an amicus brief to support Boeing’s request for the National Labor Relations Board (NLRB) to review its finding that a small group of employees constituted a unit appropriate for collective bargaining. The Boeing Company’s 787 Dreamliner manufacturing facility in South Carolina employs approximately 3,000 production and maintenance employees, who have twice voted against joining a union. The NLRB Regional Director directed the election for a subset of employees at the plant. If the Regional Director’s decision stands, manufacturers could have their workforces artificially fractured into smaller bargaining units in violation of the “community of interest” standard required in making bargaining unit determinations. The NAM’s amicus brief argues that the Regional Director improperly applied a standard that had been overturned and that the fragmented unit creates an artificial barrier that separates employees and departments and frustrates the ability to maintain stable labor relations. On September 9, 2019, the NLRB reversed the regional director's decision, concluding that he misapplied the governing test for whether a subset of employees can bargain separately from the larger workforce.


Related Documents:
NAM brief  (July 16, 2018)