i1621 Route 22 West Operating Company, LLC d/b/a Somerset Valley Rehabilitation and Nursing Center (22-CA-029599, et al.; 362 NLRB No. 113) West Boundbrook, NY, June 11, 2015.
Following the Supreme Court’s decision in NLRB v. Noel Canning, 134 S. Ct. 2550 (2014), the Board considered de novo the Administrative Law Judge’s decision, the record, the exceptions and briefs in this case. The Board adopted the judge’s rulings, findings, and recommended Order for the reasons stated in its earlier Decision and Order, reported at 358 NLRB No. 146 (2012). In its earlier decision the Board, by unanimous vote, adopted the judge’s findings that the Respondent violated Section 8(a)(3) by discharging and issuing disciplinary warnings to four employees, by accelerating the resignation of another employee, and by eliminating the work hours of five other named per diem employees. The Board also found that the Respondent violated Sec. 8(a)(1) by interrogating employees and soliciting and remedying grievances. With respect to remedy, on reconsideration, in view of the possibility that the Respondent would rely on facts cited by the U.S. District Court for the District of New Jersey in an earlier Section 10(j) proceeding in which the court declined to order the reinstatement of two of the discharged employees, the Board addressed those facts in further detail in light of the Board’s established remedial standard. Administrative Law Judge Steven Davis issued his decision on November 21, 2011. Charges filed by 1199 SEIU United Healthcare Workers East, New Jersey Region. Chairman Pearce and Members Hirozawa and McFerran participated.
