Chester v. Grane Healthcare Co., No. 11-2573 (3d Cir. 2011)Annotate this Case
Until January, 2010, Cambria County owned the nursing- rehabilitation center, subject to the Pennsylvania State Public Employee Relations Act, 43 P.S. 1101.301(1). Employees were in a union; the most recent CBA ended in December, 2008. The facility was purchased by a private company, which retained most, but not all, of the employees. Some union officials were not retained. The company refused to recognize the union. The regional office of the NLRB issued a complaint, asserting unfair labor practices in violation of the NLRA, 29 U.S.C. 158(a)(1), (3), and (5) and obtained a temporary injunction requiring the company to bargain with the union, but not requiring reinstatement of the union officials. The Third Circuit affirmed with respect to the interim bargaining order and remanded with respect to the employees. The district court erred in abandoning a two-prong approach to Section 10(j) petitions for temporary relief in unfair labor practice situations, which requires "reasonable cause" to believe that the alleged unfair labor practice was committed and relief that is "just and proper."