Twinbrook Healthcare & Rehabilitation Center

National Labor Relations Board - Unpublished Board Decisions

Jun 5, 2020

06-RC-257382 (N.L.R.B. Jun. 5, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
TWINBROOK HEALTH & REHABILITATION
CENTER
Employer
and Case 06-RC-257382
S.E.I.U. HEALTHCARE PENNSYLVANIA
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 The Employer's request
for extraordinary relief is denied as moot.2
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
1 In denying review, we further note that the Board’s decision in San Diego Gas & Electric,
325 NLRB 1143, 1145 (1998), recognizes that Board elections should, as a general rule, be
conducted manually and specifies well-settled guidelines for determining whether a mail-ballot
election would normally be appropriate. But in San Diego Gas & Electric, the Board also
recognized that “there may be other relevant factors that the Regional Director may consider in
making this decision” and that “extraordinary circumstances” could permit a Regional Director
to exercise his or her discretion outside of the guidelines set forth in that decision. Id.
In finding that a mail-ballot election is warranted in this case, we rely on the
extraordinary federal, state, and local government directives that have limited nonessential travel,
required the closure of nonessential businesses, and resulted in a determination that the regional
office charged with conducting this election should remain on mandatory telework. Mandatory
telework in the regional office is based on the Agency’s assessment of current Covid-19
pandemic conditions in the local area. Under all of the foregoing circumstances, we are satisfied
that the Regional Director did not abuse her discretion in ordering a mail-ballot election here.
The Board is open to addressing the normal criteria for mail balloting in a future
appropriate proceeding.
2 Because the ballots already had been mailed out before the Employer filed its motion to
stay the election, we read it as a motion to stay the ballot count and treat it as a request for
extraordinary relief under Sec. 102.67(j) of the Board's Rules and Regulations.
Dated, Washington, D.C., June 5, 2020.