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

NY nursing home agrees to $2.2 million settlement in case of false documentation

NY nursing home agrees to $2.2 million settlement ...

Nursing home operator Ralex Services Inc. has agreed to a $2.2 million settlement in a whistleblower case involving forged documents at a facility in New Rochelle, New York.

Common soaps could endanger healthcare workers, study finds

Healthcare facilities should consider replacing antibacterial soaps containing the chemical triclosan, University of California-San Francisco researchers assert in a recent Journal of Occupational and Environmental Medicine article. The conclusion echoes recently updated hand hygiene guidelines.

Mandatory staff hours, better high-acuity care could improve quality of life in ...

A nursing home's staffing patterns and admissions trends are among the most important factors driving residents' quality of life over time, according to recently published research findings.