The Riverview Nursing Facility, LLC d/b/a The Riverview Care Center

National Labor Relations Board - Unpublished Board Decisions

Nov 30, 2020

14-RC-265356 (N.L.R.B. Nov. 30, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
THE RIVERVIEW NURSING FACILITY, LLC d/b/a
THE RIVERVIEW CARE CENTER
Employer
and Case 14-RC-265356

SEIU HEALTHCARE MO AND KS, A DIVISION
OF SEIU HEALTHCARE ILLINOIS/INDIANA
Petitioner
ORDER
The Employer’s Request for Review of the Acting Regional Director’s Decision and
Direction of Election is denied as it raises no substantial issues warranting review.1
On November 9, 2020, the Board issued its decision in Aspirus Keweenaw, 370 NLRB
No. 45 (2020), which sets forth the guidelines and parameters applicable to determining the
propriety of a mail-ballot election under the current circumstances of the Covid-19 pandemic.

In denying review, we note that the direction of a mail-ballot election was consistent with
the concerns articulated in Aspirus. Moreover, the election has been held and setting it aside
would result in waste of resources and delay and would be a disservice to the employees who
cast their ballots in good faith. Denying review is also warranted because the current trend in
new cases in the City of St. Louis, where the Employer’s facility is located, would support a
mail-ballot election under Aspirus if this election were set aside and a new determination were to
be made now.2 Under all of the foregoing circumstances, we find no reason to overturn the
Acting Regional Director’s determination.
JOHN F. RING, CHAIRMAN
1 We also deny the Employer’s Emergency Motion to Stay Mail Ballot Election as moot.
2 As of the date of this Order, the 14-day trend in the number of new cases in the City of
St. Louis, Missouri, is increasing, and the 14-day testing positivity rate has remained at a
sustained rate of over 10%. https://www.stlouis-mo.gov/covid-19/data/.
Member McFerran agrees to deny review of the Acting Regional Director’s Decision and
Direction of Election for the reasons given in her separate opinion in Aspirus. She further
agrees, however, that setting aside the election at this point would be inefficient and unfair to the
unit employees, and that, even under the majority opinion in Aspirus, the Acting Regional
Director’s decision should be affirmed based on the recent statistics set out above.
WILLIAM J. EMANUEL, MEMBER
LAUREN McFERRAN, MEMBER
Dated, Washington, D.C., November 30, 2020.