Nursing Home Loses Recusal, Other Challenge of Board Ruling

Mar 15 2018

Nursing Home Loses Recusal, Other Challenge of Board Ruling

Article from: Bloomberg BNA – www.bna.com

By Lawrence E. Dubé

A New Jersey nursing home couldn’t defeat two National Labor Relations Board orders based on alleged flaws in the agency’s procedures, a federal appeals court ruled.

The ruling ended a long-running challenge by 1621 West Operating Co., which runs the Somerset Valley Rehabilitation and Nursing Center. The NLRB had found that the home interfered with employee rights and unlawfully refused to bargain with a labor union, and the U.S. Court of Appeals for the Third Circuit upheld the board in its March 14 unpublished opinion.

Writing for the court, Judge Michael A. Chagares rejected the nursing home’s claim that the NLRB action was flawed by one board member’s failure to disqualify himself.

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