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Employee of Guardian Eldercare request union removal


February 2009 Scranton/Wilkes-Barre/Hazleton edition of The Union News

Employee of Guardian Eldercare request union removal


NANTICOKE, January 15th- A License Practical Nurse (LPN) employed at Guardian Eldercare, Old Newport Road in Nanticoke, filed a petition with the National Labor Relations Board (NLRB) Region Four in Philadelphia requesting the withdrawal of union shop authority and the removal of obligation to pay dues to the Service Employees International Union (SEIU) Pennsylvania Healthcare Union in Harrisburg, formerly called SEIU 1199P.

According to the petition, obtained by the newspaper through the Freedom of Information Act, Rebecca Distasin of Nanticoke and a LPN employed at the nursing home and long term elderly facility, filed with the NLRB on December 19th, 2008 stating at least 30 percent of the union membership in the bargaining unit covered by the labor contract agreement between Guardian Eldercare and the SEIU wants the union removed from representing the employees. The petition states there are 82 employees in the unit.

Under NLRB rules, employees could petitioned the agency to conduct an Decertification Election in which the employees vote in a secret ballot election to determine if workers within the bargaining unit wants to continue to be represented by a labor organization for the purpose of collective bargaining. A Decertication Petition must be filed when the contract agreement is scheduled to expire. Therefore, Ms. Distasin could not file a Decertication Petition until December 2009 or later.

The petition states Ms. Distasin wants all LPN’s, nurses aids, housekeepers, dietary, laundry workers, activities and maintenance employees to no longer be represented by the union.

The contract agreement between the parties expires on December 31st, 2009. Under National Labor Relations Board rules, a petition requesting the withdrawal of union shop authority must be filed within the month of the anniversary date of the expiration of the contract agreement.

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