NLRB Ruling Shows Healthcare Employers Face Uphill Battle Before NLRB

Health industry employees continue to face an uphill battle winning unfair labor practice charges brought to the National Labor Relations Board (NLRB).

For instance, in its just-announced March 31, 2017 ruling in Thyme Holdings, LLC, d/b/a Westgate Gardens Care Center,  the NLRB majority denied the Employer’s Request for Review of the Acting Regional Director’s Decision and Direction of Election as it raised no substantial issues warranting review. The majority position rejected the dissenting view of  Acting NLRB Chairman Miscimarra.  Relying on his dissent in Buchanan Marine, L.P., 363 NLRB No. 58 (2015), Acting NLRB Chairman Miscimarra dissented, arguing the NLRB should  grant the Employer’s Request for Review because existed  a substantial question about whether the licensed vocational nurses possessed authority to assign employees under Section 2(11). 

The Board’s decision Reflects the continuing heavily prolabor bias of the NL RB resulting from the pro labor appointments made by President Obama during his two terms in office.  This pro labor stance is unlikely to change quickly as the NLRB is an independent regulatory body who’s Board appointments are made for a fixed term.  As a consequence President Trump will not be able to make new appointments to the board until another term expires and less ongoing litigation challenging the appropriateness of appointments made by President Obama ultimately prove successful.

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