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Kline Letter to NLRB Chairman Concerning Specialty Health Care

Dear Chairman Liebman: 

Thank you for your partial response to the March 7, 2011 letter from Chairman Issa and myself requesting documents and communications referring or relating to Specialty Healthcare and Rehabilitation Center of Mobile and United Steelworkers, District 9, case 15-RC-8773, and the Specialty notice and invitation to file briefs.  

Serious concerns regarding the National Labor Relations Board’s (NLRB or Board) actions in this case have been raised by Board Member Hayes which require immediate oversight to protect “industrial stability and the Board’s reputation as an impartial overseer of the representation election process." In his dissent to the NLRB’s notice and invitation to file briefs, Member Hayes raised concerns as to the manner, breadth, and motives behind the Board’s inquiry.  

The issue in Specialty is whether certified nursing assistants represent an appropriate bargaining unit at a nursing home.  When Congress amended the National Labor Relations Act (NLRA) in 1974 to include health care institutions, it clearly intended for the Board to take a special approach toward health care institutions. Despite the narrow scope of Specialty and the legislative history with regard to health care institutions, the Board invited briefs on bargaining unit determinations broadly that have stood for at least 50 years.

To read the full letter, please click here.