Linwood Care Center, (2017)

Docket Number:04-RD-157892
 
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NOTICE: This opinion is subject to formal revision before publication in the bound volumes of NLRB decisions. Readers are requested to notify the Executive Secretary, National Labor Relations Board, Washington, D.C. 20570, of any typographical or other formal errors so that corrections can be included in the bound volumes.

CPL (Linwood) LLC d/b/a Linwood Care Center, and its successor, 201 New Road Operations, LLC d/b/a Linwood Care Center1 and Sandra L. Transue, Petitioner and 1199 SEIU United Healthcare Workers East Union. Case 04–RD– 157892

February 3, 2017

DECISION ON REVIEW AND ORDER

BY ACTING CHAIRMAN MISCIMARRA AND MEMBERS PEARCE AND MCFERRAN

On February 10, 2016, the National Labor Relations Board issued an Order denying CPL (Linwood) LLC d/b/a Linwood Care Center’s (“the Employer”) request for review of the Regional Director’s decision to hold the instant petition in abeyance. The Employer and its successor (hereinafter “the Employers”) subsequently filed a motion with the Region requesting a Saint Gobain2 hearing. On July 28, 2016, the Acting Regional Director issued an Order denying the Employers’ motion. Thereafter, in accordance with Section 102.67 of the Board’s Rules and Regulations, the Employers filed a timely request for review, arguing that a Saint Gobain hearing should be held and that the Regional Director’s alleged bias affected the processing of the petition. The Employers’ request for review is granted as it raises substantial issues warranting review. After careful consideration, we affirm the Acting Regional Director and find that it is appropriate to continue holding the petition in abeyance.

A regional director may be required to hold a Saint Gobain hearing when dismissing a petition based on charges that raise an issue of a causal relationship between the unfair labor practices and an incumbent union’s subsequent loss of majority support. See Saint Gobain, 342 NLRB at 434; Casehandling Manual Part Two (CHM), Section 11730.3(c). The instant petition is being held in abeyance, and thus, a Saint Gobain hearing is not required as a matter of law.

We find that it is appropriate to continue holding the decertification petition in abeyance. On April 5, 2016, Administrative Law Judge Arthur J. Amchan issued his decision in the related consolidated unfair labor practice

3 The Board severed and retained for further consideration the remaining allegations which have been excepted to either by the General Counsel...

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