Not Again: National Labor Board May Seek to Bring Back Micro-Units

January 6, 2022

The National Labor Relations Board (“NLRB”) is inviting public parties and amici to submit briefs to address the controversial issue of petitioned-for bargaining units.

The rise of this hotly contested concept is the result of a recent case, American Steel Construction,  the merits of which have prompted the NLRB to reconsider reverting back to the standard established in a 2011 case, Specialty Healthcare, which made it easier for unions to organize employees into “micro-units.”


A “micro-unit” is a small portion of the total number of employees at a worksite which a labor union seeks to represent. This practice of targeting smaller groups of employees and providing them their own union representation presents a grave danger to employers and trade groups as it has been found to undermine worker’s rights and productivity.


A 2017 case, PCC Structurals, disfavored the use of these units, overturning the standard set in 2011. Now, the Biden board is likely to return to the 2011 standard, which was whether the employees encompassed a petitioned-for bargaining unit were readily identifiable as a group and shared a community interest. 


Now that the NLRB has granted review of the issue, public parties are invited to e-file briefs before January 21, 2022 regarding the following:


  1. Should the Board adhere to the standard in PCC Structurals, Inc., as revised in The Boeing Company?
  2. If not, what standard should replace it? Should the Board return to the standard in Specialty Healthcare, either in its entirety or with modifications?


If the NLRB reverts back to the 2011 standard, it would be treading in dangerous waters, returning to harmful precedent in which the Board would accept the petitioned-for unit as appropriate in all cases except those in which the objecting party would somehow manage to survive a nearly impossible burden of proving that excluded employees share an “overwhelming community of interest” with included employees.


The return of micro-units is sure to awaken an uproar last seen over a decade ago and is almost certain to create division and discord in the workplace. 


If you have questions about this topic, or any other general employment issues, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

By The Royal Law Firm November 5, 2025
Attorney Amy Royal has once again been selected as a Super Lawyer ! As published by Super Lawyers Amy B. Royal is a top-rated attorney, with her firm headquartered in Springfield, Massachusetts. Providing legal representation in the New England states and New York, for a variety of different issues, Amy Royal was selected to Super Lawyers for 2014 - 2016, 2019 - 2025. Attorneys like Amy B. Royal are recognized by their peers for their outstanding work and commitment to the spirit of the legal profession. Their knowledge of the law, professional work ethic, and advocacy on behalf of their clients allow them to stand out among other attorneys in the field.
September 25, 2025
Starbucks is facing a new wave of litigation, in this instance over its workplace dress code. Employees in California, Colorado, and Illinois allege that the Company’s updated policy forced them to purchase clothing items out-of-pocket without reimbursement, raising questions about employer obligations under state expense reimbursement laws. The Lawsuits On September 17, 2025, employees in Illinois and Colorado filed class-action lawsuits, while workers in California submitted complaints to the State’s Labor and Workforce Development Agency. If the Agency declines to act, those workers intend to pursue their own civil claims. The lawsuits are backed by the union organizing Starbucks workers, and plaintiffs argue that requiring employees to buy specific uniform items without full reimbursement violates the states’ statutes. Under laws in California, Colorado, and Illinois, employers must cover necessary business expenses, which can include uniforms or clothing mandated by a dress code. What the Dress Code Requires The revised policy, implemented in May 2025, requires employees to wear a solid black shirt (short or long sleeves, but not sleeveless or midriff-bearing) underneath their signature green apron. Pants must be khaki, black, or denim, and shoes must be in muted tones such as black, gray, navy, brown, tan, or white. The policy also forbids “theatrical makeup” and visible face tattoos, prohibits nail polish and tongue piercings, and limits workers to one (1) facial piercing. In an effort to offset the change, Starbucks provided two shirts free of charge to each employee. Workers contend this was not enough, since multiple additional items were required to comply with the policy. Court documents show that some employees who failed to follow the dress code were subject to verbal warnings or sent home before starting their shifts. Worker Claims One plaintiff, Shay Mannik, a shift supervisor in Colorado, reported purchasing four black T-shirts, compliant shoes, and jeans to meet the dress code requirements. Despite these costs, Mannik claims they were never reimbursed. “It’s unfair that a billion-dollar company puts this burden on workers already struggling with unpredictable hours and understaffed stores,” Mannik stated through attorneys. Starbucks’ Response Starbucks defended the policy as a way to “deliver a more consistent coffeehouse experience to our customers and provide our partners with simpler and clearer dress code guidance.” The Company emphasized that it issued two free shirts to employees to prepare for the change. Key Considerations for Employers The Starbucks litigation underscores several important lessons for businesses:  Uniform Policies May Trigger Reimbursement Duties. Even when employers provide some clothing, state laws may still require reimbursement if employees must make additional purchases. State Laws Differ. California, Colorado, and Illinois all impose expense reimbursement obligations, but requirements vary, and enforcement can be aggressive. Here in Massachusetts, an employer does not need to pay for or reimburse an employee for general clothing, such as khakis, a black shirt, and black shoes, since these are ordinary items that can be worn outside of work. If the employer requires a specific style, brand, or logo (making the clothing a true uniform) then the employer must provide or reimburse for it and cover the cost of maintenance if special cleaning is needed. The only exception for ordinary clothing is if the cost would reduce the employee’s pay below minimum wage. Policy Rollouts Should Weigh Legal Risks. Employers introducing or revising appearance standards should carefully evaluate potential compliance costs, both financial and reputational. Takeaway The lawsuits against Starbucks will test the boundaries of state reimbursement laws and may influence how courts interpret employer obligations regarding dress codes. For companies, this case highlights the need to review policies proactively and ensure expense reimbursement practices comply with applicable state requirements. At The Royal Law Firm, we advise businesses on preventive compliance and represent employers when disputes arise. Our team’s focus on business defense ensures that policies are both operationally effective and legally sound. The Royal Law Firm LLP is a woman-owned, women-managed corporate law firm certified as a women’s business enterprise with the Massachusetts Supplier Diversity Office, the National Assoc. of Minority and Women Owned Law Firms, and the Women’s Business Enterprise National Council. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.