November 21, 2016 / 7:01 PM / 3 years ago

2nd Circuit says NLRB misapplied 'micro union' test

A U.S. appeals court on Monday became the latest to approve the National Labor Relations Board’s test for certifying bargaining units that include only certain groups of workers, but said the agency erred in applying it to a so-called micro union of winery employees.

A unanimous three-judge panel of the 2nd U.S. Circuit Court of Appeals agreed with Constellation Brands U.S. Operations Inc, represented by Jones Day, that the NLRB ignored similarities between 46 cellar workers at its Woodbridge Winery in Acampo, California who voted last year to join the International Brotherhood of Teamsters and 18 “barrel department” employees who were excluded despite having similar duties.

To read the full story on Westlaw Practitioner Insights, click here:

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