Labor Law -- active

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 of Region 10 directed the election for a subset of employees at the plant. The flight readiness technicians and flight readiness technician inspectors, according to the Regional Director, constituted an appropriate independent unit for collective bargaining. In reaching this decision, the Regional Director did not evaluate it under the required PCC Structurals standard, which relies on the “community of interest” standard to determine whether employees excluded from the bargaining unit have meaningfully distinct interests that outweigh their similarities. 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 by PCC Structurals. The fragmented unit created by the Regional Director creates an artificial barrier that separates employees and departments and frustrates the ability to maintain stable labor relations.

Related Documents:
NAM amicus brief  (July 16, 2018)


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