NLRB Law Memo 06/19/2009
by Ross Runkel at LawMemo
NLRB Law Memo 06/19/2009
by LawMemo - First in Employment Law.
Also by free weekly email.
NLRB - Staff summarized 1 decision.
A & C Healthcare Services, Inc. (20-CA-33588, 33780; 354 NLRB No. 33) Millbrae, CA, June 8, 2009.
The Board adopted the administrative law judge’s findings that the Respondent violated Section 8(a)(5) and (1) of the Act by: (1) refusing to recognize and bargain with the Union from sometime prior to Nov. 8, 2007 until Jan. 3, 2008, and (2) making unilateral changes in the unit employees’ terms and conditions of employment on and after Nov. 8, 2007. The judge found, inter alia, that the Respondent was a successor employer and it was unnecessary to decide if the Respondent was a “perfectly clear successor” under NLRB v. Burns International Security Services, Inc., 406 U.S. 272, 294-295 (1972). The judge also rejected the Respondent’s argument that its successorship status could not occur during the interim management period while it waited to obtain its own operating license. See Golden Cross Health Care of Fresno, 314 NLRB 1201, 1205-1206 (1994). The judge further found no merit in the Respondent’s argument that it could escape its successor obligations for a while because it initially hired the predecessor employer’s workers as probationary employees. See Windsor Convalescent Center of North Long Beach, 351 NLRB 975, 978 (2007).
(Chairman Liebman and Member Schaumber participated.)
Charges filed by Service Employees, United Healthcare Workers-West; complaint alleged violations of Section 8(a)(1) and (5). Hearing at San Francisco, Sept. 18, 2007 and Jan. 23, 2008. Adm. Law Judge Gerald A. Wacknov issued
|
|
|
Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
