This Comment examines the ongoing controversy over the appropriate legal standard to be applied in the determination of bargaining units in the health care industry. It reviews the basic law which governs the selection of appropriate units, discusses the legislative history of the 1974 amendments as they relate to bargaining units, and considers the intent of the accompanying admonition against unit proliferation. Implementation of the congressional mandate is examined in Board unit determinations. The Board's persistent use of the traditional industrial community of interest test is examined in light of circuit court decisions which have advocated new approaches. This Comment concludes that the new "disparity of interest test" is more consistent with the congressional mandate to avoid unit proliferation in the health care industry and argue that the Board should abandon its sole reliance on traditional criteria in favor of this more responsive approach.
Mary Esquivel Sciarra,
The Nonproliferation Mandate and the Appropriate Legal Standard in Health Care Bargaining Unit Determinations,
11 Fordham Urb. L.J. 663
Available at: https://ir.lawnet.fordham.edu/ulj/vol11/iss3/7