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NLRB Law Memo 03/13/2009
by Ross Runkel at LawMemo
NLRB Law Memo 03/13/2009
by LawMemo - First in Employment Law.
Also by email.
NLRB - Staff summarized 1 decision.
Essex Valley Visiting Nurses Assn. (22-CA-28315; 353 NLRB No. 109) East Orange, NJ March 6, 2009.
The Board adopted the administrative law judge's findings that Respondent Essex Valley Visiting Nurses Assn. (EVVNA) violated Section 8(a)(5) of the Act by refusing to timely provide information to the Union and by failing to timely respond to the Union's requests to meet and bargain for a successor collective-bargaining agreement.
However, the Board reversed the judge's finding that New Community Corp. (NCC) was a single employer with EVVNA. Although the judge found that the Respondents conceded that EVVNA and NCC constituted a single employer, the Board found that EVVNA was the sole respondent in this proceeding. The record established that counsel for the General Counsel withdrew the allegations of the complaint alleging that EVVNA and NCC constituted a single employer after counsel for the General Counsel and the Respondents stipulated at the hearing that EVVNA satisfied the Board's jurisdictional standards and was an employer engaged in commerce within the meaning of the Act.
(Chairman Liebman and Member Schaumber participated.)
Charge filed by Health Professionals and Allied Employees, Local 5122; complaint alleged violation of Section 8(a)(1) and (5). Hearing at Newark on Oct.
7, 2008. Adm. Law Judge Michael A. Rosas issued his decision Dec. 17, 2008.
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