Ask the legal expert: Is there an end in sight to unionization gains in SNFs?

Share this article:
Attorney John Durso, Ungaretti & Harris LLP
Attorney John Durso, Ungaretti & Harris LLP
Q: Where is the end to the NLRB's incursion into our rights to fend off unions?

A: Do not expect any immediate relief from the National Labor Relations Board. Three decisions by the board show a trend to reverse more business-friendly decisions issued in prior years. 

In the Specialty Healthcare case, the NLRB allowed the union to attempt to organize a group that consists only of certified nursing assistants at a long-term care facility, rather than make the group include maintenance and service workers. 

We worry that the board's decision will lead to the formation of “mini-bargaining units” that allow unions to target small groups of pro-union employees. 

In the Lamons Gasket Company case, which involved “card-check” elections, the NLRB ruled that employees opposed to a union would no longer have the right to immediately challenge an employer's recognition of a card-check vote.

In the UGL-Unicco Service Company case, the NLRB ruled that when a company is sold, neither the new owner, nor employees nor rival unions can stage an immediate challenge to the union but must wait until a “reasonable period” has passed to give the union a “fair chance” to prove its merit in collective bargaining.

All three decisions have potentially significant consequences for employers and should be discussed with your legal counsel.
Share this article:
close

Next Article in News

More in News

Hospitals in the Midwest refer patients to the broadest networks of skilled nursing facilities, study finds

Hospitals in the Midwest refer patients to the ...

Midwestern hospitals spread referrals to the greatest variety of skilled nursing facilities and tap their favorite SNFs least often, according to a recently published analysis of nationwide referral patterns.

Bill would affect pay, scheduling for some nursing home housekeeping staff

Nursing homes could face more stringent scheduling requirements for housekeeping workers and might be on the hook to compensate them for last-minute shift changes under a bill proposed in both houses of Congress.

Joint Commission adds memory care accreditation

New memory care accreditation for nursing homes encourages staff to use a flexible, problem-solving approach to care for those with dementia, according to Joint Commission guidelines.