The pro-union majority of the National Labor Relations Board appears to be moving to fulfill President Joe Biden's campaign promises to make it easier for unions to organize employees and increasing the number of employees who can be represented by a union. The NLRB's positions on micro-units, the definitions of "independent contractor" and "joint employment" are under review and almost certain to change. again.

Micro-units

A micro-unit is a small subset of a larger group that shares a community of interest. Micro-units may be as small as a single classification or employees who share the same job title. Generally, unions find it easier to organize a micro-unit than a larger group of employees, even though the larger group shares the same community of interest. The issue of whether the Board should permit micro-units has been a pendulum.

In 2011, the Obama-era Board overturned decades of precedent in Specialty Healthcare and not only said it would permit micro-units but also broadened its application to all industries, not just healthcare. In 2017, the Trump-era Board reversed Specialty in PCC Structurals and The Boeing Company. The permissibility of micro-units was returned to the law as it was prior to Specialty. The current Board on December 7, 2021, signaled that it would again take up the issue and has asked for briefs from interested parties by January 21, 2022. Based on public statements, it is likely that the Board will approve micro-units for bargaining, going...

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