Black Iron Reinforcing, LLC, (2023)

• Date: 27 October 2023

1

UNITED STATES OF AMERICA

BEFORE THE NATIONAL LABOR RELATIONS BOARD

BLACK IRON REINFORCING, LLC

Employer

and Case 28–RC–290472

DISTRICT COUNCIL OF IRON WORKERS OF

THE STATE OF CALIFORNIA AND VICINITY

Petitioner

NOTICE AND INVITATION TO PARTIES TO FILE BRIEFS

After briefing in this case was completed, the National Labor Relations Board issued

American Steel Construction, Inc.,372 NLRB No. 23 (2022), which reinstated the framework set

out in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011), enfd. sub

nom. Kindred Nursing Centers East, LLC v. NLRB, 727 F.3d 552 (6th Cir. 2013),that applies in

bargaining-unit determination cases where a labor union seeks to represent a unit that contains

some, but not all, of the job classifications at a particular workplace. Under that framework, the

Board will approve:

a petitioned-for “subdivision”of employee classifications if the petitioned-for unit: (1)

shares an internal community of interest; (2) is readily identifiable as a group based on

job classifications, departments, functions, work locations, skills, or similar factors; and

(3) is sufficiently distinct . . . . But if a party contends that the petitioned-for unit is not

sufficiently distinct—i.e., that the smallest appropriate unit contains additional

employees—then the Board will apply its traditional community-of-interest factors to

determine whether there is an “overwhelming community of interest” between the

petitioned-for and excluded employees, such that there is no rational basis for the

exclusion.