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Long Term Care to NLRB: Process for Collective Bargaining Units Must Remain  
 
Long Term Care to NLRB: Process for Collective Bargaining Units Must Remain
- 54 groups sign friend of court brief arguing NLRB is stepping outside its discretionary authority -

Katherine Lehman
202-898-2816
FOR IMMEDIATE RELEASE

3/8/2011
Washington, DC – The American Health Care Association and National Center for Assisted Living (AHCA/NCAL) today filed an amicus curiae brief in a case before the National Labor Relations Board (NLRB) that has serious implications for the long term and post-acute care profession.

“The determination of collective bargaining units in long term and post-acute care facilities should be made on a facility-by-facility basis,” stated Governor Mark Parkinson, President & CEO of AHCA/NCAL. “We must speak for our members and remind the NLRB that over 75 years of precedent is a strong indicator that the current process is working. To ignore that fact could drastically affect not only our profession, but many other professions as well.”

Co-signed by a large number of other long term and post-acute care organizations, AHCA/NCAL’s amicus brief highlights the fact that the NLRB is contemplating a fundamental change in the manner in which it determines the composition of bargaining units in healthcare facilities.

In response to solicitation by the NLRB, the brief points out that the traditional board methodology for determining the composition of bargaining units in facilities is not only sound, but effectively and strongly supports the exercise of employee rights while recognizing the needs of patients and residents within facilities nationwide. The brief maintains that Congress’s hesitation decades ago to enact individual bargaining units in facilities – citing “the interruption of vital services” and “administration burdens to facility management” – remain relevant arguments today.

Long term and post-acute care communities work every day to provide a stable environment with competitive wages. The brief emphasizes that there is little to suggest that any substantial changes have occurred regarding the operation of these facilities that would necessitate any change.

The amicus brief was signed by a total of 54 associations, listed below:

The American Health Care Association (AHCA)

The National Center for Assisted Living (NCAL)

The Alliance for Quality Nursing Home Care

Leading Age

American Seniors Housing Association (ASHA)

Assisted Living Federation of America (ALFA)

Alabama Nursing Home Association

Alaska State Hospital and Nursing Home Association

Arizona Health Care Association

Arkansas Health Care Association

California Association of Health Facilities

Care Providers of Minnesota

Colorado Health Care Association

Connecticut Association of Health Care Facilities

Delaware Health Care Facilities Association

District of Columbia Health Care Association

Florida Health Care Association

Georgia Health Care Association

Healthcare Association of Hawaii

Idaho Health Care Association

Indiana Health Care Association

Iowa Health Care Association

Kansas Health Care Association

Kentucky Association of Health Care Facilities

Louisiana Nursing Home Association

Maine Health Care Association

Massachusetts Senior Care Association

Health Facilities Association of Maryland

Health Care Association of Michigan

Missouri Health Care Association

Nebraska Health Care Association

Nevada Health Care Association

New Hampshire Health Care Association

Health Care Association of New Jersey

New Mexico Health Care Association

New York State Health Facilities Association

North Carolina Health Care Facilities Association

North Dakota Long Term Care Association

Ohio Health Care Association

Oklahoma Association of Health Care Providers

Oregon Health Care Association

Pennsylvania Health Care Association

Rhode Island Health Care Association

South Carolina Health Care Association

South Dakota Health Care Association

Tennessee Health Care Association

Texas Health Care Association

Utah Health Care Association

Vermont Health Care Association

Virginia Health Care Association

Washington Health Care Association

West Virginia Health Care Association

Wisconsin Health Care Association

Wyoming Health Care Association

.