On Friday, the D.C. Circuit Court of Appeals ruled that the National
Labor Relations Board can order an employer to reimburse a union’s bargaining
expenses to remedy an unfair labor practice, a federal appeals court ruled on
Friday.
The case comes from Illinois (the NLRB is based in Washington D.C.). Camelot Terrace Inc. and
Galesburg Terrace Inc, two Illinois nursing homes, were found to have bargained
in bad faith.
The panel of judges (Karen Henderson (Bush I appointee), Judith
Rogers (Clinton appointee) and Stephen Williams (Reagan appointee) explained
that an award of bargaining expenses allows an injured party to return to the
negotiating table on the same footing it had prior to an unfair labor practice.
Furthermore: “A more traditional remedy, such as a bargaining order, is of
little value if one party can drain another of its resources by bargaining in
bad faith and then extracting concessions as the money wanes,” Henderson wrote
for the panel.
During the time that the nursing home company bargained in
bad faith with the union, news reports indicate that owners tried to persuade
State of Illinois health inspectors to change reports and a citation finding that residents
were in “immediate jeopardy” because of the presence of mold and
termites. Later, it should be noted, the nursing home addressed the issues and
received a positive rating. More here.
As Gov. Rauner tries to oust labor unions, and Speaker
Madigan remains unamenable to passing a credible budget, the Illinois
Department of Public Health— the agency that ensures patient safety at nursing
homes-- is not funded with an appropriation.
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