1621 Route 22 West Operating Co., LLC v. Nat’l Labor Relations Bd.

The employer is a 64-patient-maximum nursing and rehabilitation center in Bound Brook, New Jersey, and employs about 75 nurses in the relevant bargaining unit, A unionization drive began in 2010, when the facility announced that Somerset would be reducing working hours and changing employees’ schedules. The employer claimed that the Department of Health and Senior Services conducted a survey of the facility in December 2009 that resulted in two citations, which “resulted in increased scrutiny on the Somerset nursing department” and led it to begin revamping its operations to improve care. An ALJ later found that explanation to be pretextual. The employer vigorously opposed unionization. Management held meetings, discussing Union activities and how each individual nurse might vote. It also distributed leaflets to employees to dissuade them from voting for the union. After the union was certified, the employer engaged in disciplinary actions that an ALJ found to be retaliatory. The National Labor Relations Board found that the employer had committed several unfair labor practices in violation of 29 U.S.C. 158. The Third Circuit rejected the employer’s appeal and entered an order of enforcement. View "1621 Route 22 West Operating Co., LLC v. Nat'l Labor Relations Bd." on Justia Law