SUB ACUTE REHABILITATION CENTER AT KEARNY LLC d/b/a BELGROVE POST-ACUTE CARE CENTER

National Labor Relations Board - Unpublished Board Decisions

Aug 24, 2012

22-RC-080916 (N.L.R.B. Aug. 24, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SUBACUTE REHABILITATION CENTER
AT KEARNY, LLC d/b/a BELGROVE
POST-ACUTE CARE CENTER
Employer
and Case 22-RC-080916
DISTRICT 1199J, NATIONAL UNION OF
HOSPITAL AND HEALTH CARE EMPLOYEES,
AFSCME, AFL-CIO
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s Decision and
Direction of Election is denied as it raises no substantial issues warranting review.1
MARK GASTON PEARCE, CHAIRMAN
BRIAN E. HAYES, MEMBER
SHARON BLOCK, MEMBER
Dated, Washington, D.C., August 24, 2012.

1 In denying review of the Regional Director’s finding that the Employer has failed to
establish that the LPNs are statutory supervisors based on their authority to assign
employees, we agree with the Regional Director that, even assuming that LPNs do have
the authority to assign CNAs, the Employer has failed to show that LPNs exercise
independent judgment in making such assignments.
In finding that the Employer failed to establish that the LPNs have the authority to
adjust grievances, the Regional Director pointed to the minor character of the grievances
resolved by the LPNs, some of which involved patient complaints. We find it
unnecessary to characterize the grievances or to address whether the resolution of patient
complaints is relevant to the grievance adjustment indicia of Sec. 2(11) authority because
the evidence fails to show that LPNs use independent judgment in resolving them.