Review of the NLRB’s Specialty Healthcare Test for “Appropriate” Bargaining Units — Part II

Nestle Dreyer’s Ice Cream Co. v. NLRB is a case pending in the U.S. Court of Appeals for the Fourth Circuit that very well may determine the viability of the Board’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 prior Fourth Circuit case, NLRB v. Lundy Packaging, 68 F.3d 1577 (1995), that at least arguably proscribed the Board from using the “overwhelming community-of-interest” standard in determining the appropriateness of a unit.

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