The Tribune Democrat, Johnstown, PA

Local News

August 30, 2010

Board seeks temporary injunction at care home

— The federal labor board wants the Cambria Care Center in Ebensburg to bargain with its unions and rehire what it sees as wrongly fired workers – and do so quickly.

Not content to wait a year or more for a decision through the formal National Labor Relations Board process, the regional board is seeking an injunction against the nursing home through U.S. District Court in Johnstown.

“This is a mechanism – a temporary injunction – that lasts only until the board can rule,” said Patricia Scott Daum, an attorney for the NLRB’s Region 6 in Pittsburgh.

“The purpose is to preserve the board’s ability to remedy the violations,” she said Monday.

There’s no set timetable for U.S. District Judge Kim Gibson to decide on an injunction.

The case for now has been sent to Alternative Dispute Resolution which, as its name implies, seeks to remedy a situation through less high-profile means.

But Pittsburgh-based Grane Healthcare, which owns the renamed Laurel Crest center, has not indicated that it intends to ease its stance against the unions.

It has been fighting union members since it took over the home Jan. 1.

Grane’s position is that a government is not an “employer” under federal labor law – so no unions existed when it bought Laurel Crest from Cambria County at the start of the year.

Grane attorney John A. McCleary Jr. of Pittsburgh did not return a call for comment Monday.

In the petition for injunctive relief, the NLRB is asking:

• That the Cambria Care Center rehire a handful of workers not picked up when Grane took over.

In the motion, the NLRB singles out Sherry Hagerich and Mark Mulhearn for reinstatement. Hagerich was president of the Laborers International local and Mulhearn was the business manager.

“These are two key positions,” Daum said Monday. “It has to do with the union’s ability to be effective.”

• That the court order Grane and the nursing home to immediately recognize and bargain with the union.

• “That the District Court order that the United States Marshals be authorized to take such actions deemed necessary to enforce the prohibitions set forth in the District Court’s opinion and order.”

On July 1, NLRB regional Director Robert W. Chester ruled that grievances by Laborers International and the Service Employees International Union had merit. They claimed the company had not bargained with them.

Three weeks later, at the Cambria County Courthouse, Grane appeared before Administrative Law Judge David Goldman of Washington, D.C., for a hearing on the matter.

Goldman has yet to issue a report and recommendation.

And even after he does, Daum said, the matter must be decided by the NLRB in Washington.

If the union wins that decision, it could force Grane to come to terms by taking enforcement to a federal appeals court, most likely the 3rd U.S. Circuit in Philadelphia, Daum said.

About 250 of the center’s 385 employees were represented by one of the two unions last fall.

The Laborers International represents about 200 maintenance, dietary and housekeeping workers, along with nurse’s aides.

SEIU represents about 50 LPNs and RNs.

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