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.