Linwood Care Center,

• Docket Number: 04-RM-145463

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 1199 SEIU United Healthcare Workers East. Case 04–RM– 145463

January 23, 2017

DECISION ON REVIEW AND ORDER

BY ACTING CHAIRMAN MISCIMARRA AND MEMBERS PEARCE AND MCFERRAN

On February 17, 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 dismissal of the instant petition. Thereafter, in accordance with Section 102.48(d)(1) of the Board’s Rules and Regulations, the Employer filed a timely motion for reconsideration, requesting that we vacate the dismissal and remand for a causation hearing under Saint Gobain Abrasives, Inc., 342 NLRB 434 (2004). The Employer subsequently filed a request to supplement nunc pro tunc its motion for reconsideration and a request for reconsideration of the Board’s June 3, 2016 denial of its request to supplement nunc pro tunc. The Employer’s motion for reconsideration of the Order denying review and request for reconsideration of the Order denying its request to supplement are granted. After careful consideration, we find that dismissal of the petition is warranted.

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; NLRB Casehandling Manual Part Two (CHM) Section 11730.3(c). Here, by contrast, the charges challenge the circumstances surrounding the petition and directly affect the petition and no causation hearing is required. See CHM Section 11730.3(a).

Further, a hearing was held on the unfair labor practice charges in the related consolidated unfair labor practice case (04–CA–146362 et al.). On April 5, 2016, Administrative Law Judge Arthur J. Amchan issued his decision, and on November 30, 2016, the Board issued a de

¹ Pursuant to the answer of the Employer and Successor 201 New Road Operations, LLC d/b/a Linwood...