800 River Road Operating Co LLC v. Nat'l Labor Relations Bd., No. 14-1571 (3d Cir. 2015)
Annotate this CaseWoodcrest operates a rehabilitation and nursing facility. The Union filed a petition for an election and Woodcrest employees voted to unionize. Woodcrest filed objections to the election and the Union filed a charge alleging that Woodcrest committed various unfair labor practices (29 U.S.C. 151-169). The National Labor Relations Board (NLRB) issued a first amended complaint against Woodcrest, and the case was tried before an Administrative Law Judge, who found that Woodcrest committed unfair labor practices by withholding benefits from election-eligible employees and by engaging in three coercive interrogations of election-eligible employees, but that Woodcrest did not create an unlawful impression of surveillance in another exchange with an employee. The NLRB affirmed the ALJ’s decision with respect to the benefit withholding and interrogation claims, but it reversed with respect to the surveillance claim. The Third Circuit affirmed with regard to the Board’s conclusions that Woodcrest coercively interrogated at least one employee and by created an unlawful impression of surveillance. The court vacated the conclusion that Woodcrest’s withholding of benefits from unit employees violated the Act and remanded.
The court issued a subsequent related opinion or order on April 30, 2015.
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