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On Sept. 2, 2013, this column prognosticated on the NLRB’s mission focus now that it had a full five member Board and noted that it would further refine the parameters of its bargaining unit standard under Specialty Healthcare II, amid criticisms from the management-side bar that it would lead to a proliferation of “micro” units. Recently, in Kindred Nursing Centers East, LP dba Kindred Transitional Care and Rehabilitation – Mobile v NLRB (Aug. 15, 2013), the 6th Circuit Court of Appeals upheld Specialty Healthcare II, denied the employer’s challenge to the appropriateness of the petitioned-for bargaining unit as found by the NLRB and granted enforcement of the board’s order directing the employer to recognize and bargain with the union as the exclusive bargaining representative of a unit of certified nurses’ assistants (CNAs).  

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