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NLRB Law Memo 12/12/2008
by Ross Runkel at LawMemo
NLRB Law Memo 12/12/2008
by LawMemo - First in Employment Law.
Also by email.
NLRB - Staff summarized 1 decision.
Atrium at Princeton, LLC d/b/a Pavilions at Forrestal and Princeton Healthcare, LLC d/b/a Pavilions at Forrestal (22-CA-27066, et al.; 353 NLRB No. 60) Wayne, NJ Dec. 5, 2008.
http://www.nlrb.gov/shared_files/Board%20Decisions/353/v35360.htm
In this case, the Board adopted the administrative law judge's finding that Respondent Princeton violated Section 8(a)(5) of the Act by bypassing the Union and dealing directly with unit employees. The Board also adopted, on modified grounds, the judge's finding that Respondent Atrium, the successor to Respondent Princeton, violated Section 8(a)(5) by failing and refusing to meet with the Union for the purpose of negotiating a successor collective-bargaining agreement. The Board found it unnecessary to pass on the judge's finding that Respondent Princeton also violated Section 8(a)(5) by failing and refusing to bargain for a successor agreement prior to the transfer of operations to Respondent Atrium, as any such finding would be cumulative and would not materially affect the remedy.
The Board further affirmed the judge's findings that Respondent Atrium violated Section 8(a)(5) by making unilateral changes and by refusing to supply information requested by the Union. However, reversing the judge, the Board found that the social security numbers requested by the Union were not presumptively relevant and it therefore modified the recommended order to exclude social security numbers from the information Respondent Atrium was required to provide.
Finally, the Board observed that the judge's recommended order would effectively require the Respondents jointly and severally to remedy all of the unfair labor practices. The Board found no basis in the record for imposing joint and several liabilities and in order to clarify the remedial obligations of the Respondents, it substituted separate orders and notices for the common order and notice recommended by the judge.
(Chairman Schaumber and Member Liebman participated.)
Charges filed by SEIU 1199 New Jersey Health Care Union; complaint alleged violation of Section 8(a)(1) and (5). Hearing at Newark, July 9, 10, 13, and Oct. 9 and 18, 2007. Adm. Law Judge Steven Davis issued his decision April 15, 2008.
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