Kindred Nursing Cts. E. v. Nat'l Labor Relations Bd., No. 12-1174 (6th Cir. 2013)
Annotate this CaseKindred, a nursing home and rehabilitation center in Mobile, has beds for about 170 residents and eight departments into which employees are classified: nursing, nutrition services, resident activity, maintenance, administration, medical records, central supply, and social services. The nursing department has 53 Certified Nursing Assistants (CNAs) not including the Licensed Practical Nurses (LPNs) and Registered Nurses (RNs). The LPNs supervise the CNAs; RNs supervise the LPNs and report to the nursing director. The union petitioned to represent the CNAs. , Kindred argued that the bargaining unit should be expanded to include an additional 86 non-supervisory, non-professional service and maintenance employees. The NLRB regional director certified the CNAs as an appropriate bargaining unit and the union won a representation election. Kindred refused to bargain. The Sixth Circuit granted a petition for enforcement, applying the “community of interest” approach.
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