The Administrative Law Judge (ALJ) considered consolidated cases involving alleged unfair labor practices and objections to a representation election. The General Counsel issued a complaint alleging that Riverwood Center, LLC (Respondent) violated Section 8(a)(1) of the National Labor Relations Act (the Act) by interrogating employees about their union activities and creating an impression of surveillance. The Respondent denied the allegations and raised several affirmative defenses, including jurisdictional challenges related to Board quorum and the insulation of ALJ decision-making.
The ALJ first established jurisdiction, finding that Riverwood Center, LLC, a Florida-based nursing facility, engaged in commerce within the meaning of the Act. The Independent Association of Public and Private Employees (Union) was recognized as a labor organization.
The legal analysis focused on Section 8(a)(1) and the standard for determining if employer questioning of employees tends to interfere with, restrain, or coerce employees in their Section 7 rights. The Board applies a “totality of circumstances” test, considering factors outlined in Bourne v. NLRB, such as the background of employer hostility, the nature of the information sought, the identity of the questioner, the place and method of interrogation, and the truthfulness of the reply, as further elaborated in Rossmore House.
The General Counsel presented testimony from Jacquelin Norris, who claimed that facility administrator Jessa Collins called her at home before the election and inquired about her involvement with the Union, stating that Norris's name kept coming up. The ALJ acknowledged that Norris's testimony, if credited, would establish the elements of a coercive interrogation, as Collins was the highest-ranking manager, the information sought related to union activities, and Norris's initial response was to lie.
However, the ALJ ultimately found Norris's testimony not credible. Collins credibly denied making the call and testified that she primarily communicated via text. The ALJ noted that Norris's account of the incident was inconsistent, and she displayed bias against the Respondent, particularly concerning alleged retaliation against her daughter and husband. Because the ALJ did not credit Norris's account of the alleged interrogation, and there was no other evidence of employer hostility or surveillance, the ALJ concluded that Riverwood Center, LLC did not violate the Act.
Similarly, the ALJ addressed the Union's Objection 7 concerning the representation election. The Union alleged that employees were questioned during the campaign period as to what employees were responsible for "bringing the Union into the building." While the Regional Director initially suggested this might be considered an impression of surveillance, the ALJ’s findings regarding the lack of credible evidence of coercive interrogation and surveillance led to the overruling of this objection.
Therefore, the ALJ recommended that the complaint be dismissed and Union Objection 7 be overruled, finding that the Respondent had not engaged in unfair labor practices or objectionable conduct during the critical period before the election. The ALJ also noted that affirmative defenses regarding the Board's quorum and ALJ removal protections had been previously rejected by the Board.
Significant Cases Cited:
- Bourne v. NLRB, 332 F.2d 47 (2d Cir. 1964): Established factors for determining whether employer interrogation of employees tends to interfere with, restrain, or coerce employees in their Section 7 rights.
- Rossmore House, 269 NLRB 1176 (1984): Affirmed and elaborated on the "totality of circumstances" test for evaluating coercive interrogations.
- Commonwealth Flats Development Corp. d/b/a Seaport Hotel Boston, 373 NLRB No. 142 (2024): Rejected arguments that removal protections for Board members and ALJs violate Article II of the Constitution.
- Blue Tarp redevelopment, LLC d/b/a MGM Springfield, 374 NLRB No. 84 (2026): Held that the General Counsel has authority to issue and prosecute unfair labor practice complaints regardless of whether the Board had a valid quorum at the time.
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