The National Labor Relations Board (NLRB) denied an employer's request for review of the Acting Regional Director's decision concerning election objections and the certification of a representative. The employer, Renal Treatment Centers - California, Inc. d/b/a Davita Concord Dialysis Center, had filed objections following an election in which the Service Employees International Union, United Healthcare Workers – West was certified as the representative. The Board found that the employer’s request for review did not present substantial issues that warranted further examination.
Specifically, the Board relied on the Acting Regional Director’s determination that the employer's alleged conduct, even if proven, would be insufficient to constitute objectionable conduct under the established precedent. This precedent is primarily derived from the ruling in Midland National Life Insurance Co. The Board’s decision explicitly states that it relies solely on the Acting Regional Director's finding that the alleged actions did not meet the threshold for objectionable conduct as defined by Midland National Life Insurance Co. The Board also referenced Durham School Services, LP in its reasoning for denying review, indicating that the Acting Regional Director's findings in this regard were consistent with existing Board law.
Significant Cases Cited
- Midland National Life Insurance Co., 263 NLRB 127 (1982): This case established the standard for determining whether employer conduct during an election campaign warrants setting aside the election.
- Durham School Services, LP, 360 NLRB 851 (2014): This case reaffirmed and applied the principles established in Midland National Life Insurance Co. regarding objectionable conduct.
This summary was generated using Google's Gemini 2.5 Flash Lite. It could contain errors.