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.
From the October 01, 2011 Issue of McKnight's Long-Term Care News