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‘How are things going?’ triggers new union election

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in Employment Law,Human Resources

Eight years of an Obama-era Democratic majority at the National Labor Relations Board (now going, at least temporarily, into its ninth year under the Trump administration) have brought about some counterintuitive decisions and pro-union outcomes.

One of the latest is Mek Arden, LLC d/b/a Arden Post Acute Rehab (365 NLRB No. 109, 2017).

Just a pleasantry, or more?

While a union organizing campaign was underway in mid-June 2015, the chief operating officer of Mek Arden LLC—doing business as Arden Post Acute Rehab—visited the company’s facility in Sacramento, Calif. As he walked around the facility greeting employees, he hailed one of the employees with the common ice-breaking opening line, “How are things going?”

The employee responded by complaining about nursing ratios and the availability of supplies, to which the COO replied—again, using a common line—that he would “look into it.”

The COO did not solicit a grievance, nor ...(register to read more)

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