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NLRB: A & C Healthcare Services, Inc.(20-CA-33588, et al.; 356 NLRB No. 100) Millbrae, CA, February 25, 2011.

The NLR Board adopted the judge’s decision and found that the Respondent (which bought the predecessor’s nursing home facility at a bankruptcy auction) was a successor employer obligated to bargain with the Union, and that it violated Section 8(a)(5) of the Act by failing to do so for a specified period of time and by making certain unilateral changes.  Since the judge found that it was unnecessary to decide whether the Respondent was a “perfectly clear” successor, Member Hayes found it unnecessary to pass on the judge’s observations about whether there should be an exception for such a successor who elects to acquire a business through a bankruptcy auction. 

Charges filed by Service Employees International Union, United healthcare Workers – West. Administrative Law Judge Gerald A. Wacknov issued his decision on July 18, 2008. Chairman Liebman and Members Pearce and Hayes participated. Member Becker was recused. 

A & C Healthcare Services, Inc.(20-CA-33588, et al.; 356 NLRB No. 100) Millbrae, CA, February 25, 2011.

© Copyright 2022 National Labor Relations BoardNational Law Review, Volume I, Number 63
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The National Labor Relations Board is an independent federal agency vested with the power to safeguard employees' rights to organize and to determine whether to have unions as their bargaining representative. The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions.

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