Nestle Dreyer's Ice Cream Company v. NLRB, et al.

Case Updates

The NLRB's decision was vacated by the Fourth Circuit, and the case was remanded back to the NLRB for further proceedings in light of the U.S. Supreme Court decision in NLRB v. Noel Canning.

In its brief, NCLC urged the U.S. Court of Appeals for the Fourth Circuit to grant the employer’s petition for review of an NLRB’s decision finding that the employer’s refusal to bargain after losing a union election constituted an unfair labor practice charge. In this case, the NLRB upheld a regional director's determination that a unit comprised solely of maintenance employees at the employer’s manufacturing plant constituted an appropriate bargaining unit based on the micro union standard established in the Specialty Healthcare decision. “Micro unions” are groups of employees who organize apart from the rest of a company's workforce. In its brief, NCLC argued that the Board’s abandonment of its longstanding unit-determination precedent will likely disrupt smooth operation of manufacturing processes at a time when, more than ever, American manufacturers are subject to unprecedented economic and competitive pressures.