Care One at Madison Avenue v. NLRB

Care One petitioned for review of the Board's determination that Care One committed a series of unfair labor practices in an effort to prevent the certification of a union at its nursing home and rehabilitation facility in Morristown, New Jersey. The Board held that Care One had interfered with employees’ protected activity and discriminated against union-eligible employees by instituting a system-wide, discretionary benefits increase shortly before a scheduled representation election and denying the increase to the union-eligible employees. The Board also held that the company unlawfully interfered with its employees’ right to organize by distributing to employees eligible to vote in the upcoming election a threatening leaflet associating unionization with job loss; presenting a slideshow depicting employees, without their consent, as if they supported the Company’s antiunion campaign; and issuing a post-election memorandum reiterating the company’s workplace violence policy, which the Board concluded could reasonably be read in context to threaten reprisal for protected union activity. The court concluded that the Board's conclusions are supported by substantial evidence and denied Care One's petition for review, affirming the Board's cross-application for enforcement. View "Care One at Madison Avenue v. NLRB" on Justia Law