NCRNC, LLC v. NLRB, No. 22-1332 (D.C. Cir. 2024)
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This case involves a challenge to a National Labor Relations Board (NLRB) decision against NCRNC, LLC, which operates the Northeast Center for Rehabilitation and Brain Injury. The NLRB found Northeast guilty of several unfair labor practices, including unlawful surveillance of its employees.
The United States Court of Appeals for the District of Columbia Circuit denied the petition to review the NLRB's decision and granted the Board’s cross-petition for enforcement, but found one exception. The court ruled that the NLRB erred in concluding that the distribution of informational flyers by Northeast to its employees constituted unlawful surveillance. The court held that this act was an exercise of free speech protected by Section 8(c) of the National Labor Relations Act.
However, the court did find substantial evidence to uphold the NLRB's finding of unlawful surveillance based on Northeast implementing its Manager on Duty program. The program led to an increased presence of managers in the facility during a union drive, with the objective of monitoring employees and looking for "suspicious activities" to uncover which employees were "for the Union". The court deemed this behavior a significant departure from prior practice and a violation of employees' rights.
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