Summary of NLRB Decisions for Week of Jan. 23-27 - Linwood Care Center
The summary of NLRB decisions for the week of Jan. 23-27 is now available.
Summarized Board Decisions
CPL (Linwood) LLC d/b/a Linwood Care Center and its Successor, 201 New Road Operations, LLC d/b/a Linwood Care Center (04-RM-145463; 365 NLRB No. 8) Linwood, NJ, January 23, 2017. (Correction issued January 27, 2017)
The Board granted the Employer’s motion for reconsideration of the Board’s Order denying its request for review of the Regional Director’s dismissal of the petition, requesting that the Board vacate the dismissal and remand for a causation hearing under Saint Gobain Abrasives, Inc., 342 NLRB 434 (2004). The Board also granted the Employer’s request for reconsideration of the Board’s denial of its request to supplement nunc pro tunc. Having reconsidered, the Board found that dismissal of the petition was warranted.
The Board explained that a causation hearing was not required because the charges challenged the circumstances surrounding the petition and directly affected the petition. See NLRB Casehandling Manual Part Two (CHM) Section 11730.3(a). Further, on November 30, 2016, the Board issued a decision adopting, in the absence of exceptions, the judge’s findings in the related consolidated unfair labor practice case that the Respondent committed numerous violations of Section 8(a)(1) (see 364 NLRB No. 154, slip op. at 1, fn. 1 (2016)). The Board explained that, based on these unfair labor practices, the Employer could not establish a good-faith reasonable uncertainty regarding the Union’s majority status, the objective considerations needed to support a RM petition. See CHM Section 11042.