A federal appeals court has denied review of a South Carolina nursing home’s lawsuit against a group of nurses trying to unionize.
In effect, it upheld a National Labor Relations Board ruling that said the facility, Prince George Healthcare Center of Georgetown, SC, should begin the collective bargaining process with its staff.
The provider had argued that certain nurses were supervisors since they had the authority to direct and discipline certified nursing aides, and therefore could not claim collective bargaining rights. The court disagreed.
“The record offers abundant evidence supporting the [NLRB’s] finding that [the provider] failed to establish that the Nurses use independent judgment in disciplining and directing the work of CNAs,” wrote Judge Diana Gribbon Motz of the U.S. Court of Appeals for the Fourth Circuit.
From the December 01, 2016 Issue of McKnight's Long-Term Care News
