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NLRB finds merit in complaint against area nursing home


NOVEMBER 2013, Scranton/Wilkes-Barre/Hazleton Edition of The Union News

NLRB finds merit in complaint against area nursing home


REGION, October 30th- The National Labor Relations Board (NLRB) Region Four office in Philadelphia found merit in a labor complaint filed by the American Federation of State, County and Municipal Employees (AFSCME) Union District Council 87 against an Luzerne County nursing home operator.

AFSCME filed the Unfair Labor Practice (ULP) complaint against the Manor and Pavilion at St. Luke’s Village Nursing Home on Stacie Drive in Hazleton because management clearly stated they have no intention of negotiating for a first-time labor agreement for the newly created bargaing unit.

The newspaper in previous articles reported that AFSCME was successful in winning a representation election conducted by the NLRB at the Manor and Pavilion at St. Luke’s Village Nursing Home and the union was not able to get a meeting with management representatives to begin bargaining for a first-time labor contract.

The operators of the Hazleton nursing home hired a lawfirm to represented them that specializes in attempting to delay representation elections. Despite the spending of tens of thousands of dollars on anti-union attorney’s and employment consulting firms, the operators of a local nursing home were unsuccessful in convincing their employees from voting for AFSCME.

In previous articles published in the newspaper it was reported that AFSCME Council 87 filed a representation petition with the NLRB on March 18th, 2013 requesting the agency conduct a election to determine if full-time and regular part-time Licensed Practical Nurses (LPN’s) and other professional employees of the nursing home wanted to be represented by the union. District Council 87 represents other St. Luke’s employees including aids and food service workers.

Matt Balas, Business Representative of AFSCME District Council 87 in Dunmore, which represents AFSCME members throughout nine counties of Northeastern Pennsylvania, stated management believes the employees are excluded from being represented by a labor organization because the workers are “management”.

The NLRB disagreed and conducted an representation election which AFSCME won.

Because of the federal government shutdown employees of the NLRB was not working and all ULP’s and Representation Petitions filed were not processed during that time.

Mr. Balas told the newspaper the NLRB has scheduled a hearing on the ULP for February 2014.