Washington, DC – The American Health Care Association and National Center for Assisted Living (AHCA/NCAL) submitted testimony today before a House Workforce hearing on the National Labor Relations Board (NLRB), arguing that the Board is, in effect, abusing its discretionary authority to change how workers in nursing and assisted living facilities unionize.

“The time has come for us to defend our workforce,” stated Governor Mark Parkinson, President and CEO of AHCA/NCAL. “Simply setting aside over 75 years of history and precedent of determining appropriate bargaining units in long term care facilities is too significant to ignore. We thank the Committee for the opportunity to fight for the safe and efficient operation of our members’ businesses to ensure the highest level of quality care for the elderly and disabled.”

Recently, the NLRB issued a notice that suggests its intent to significantly engage in, what we believe would be, improper “de facto” rule making to alter the decades-old “community of interest” standard used to determine appropriate bargaining units. The possible impact of this change – the Board allowing a  single job classification of bargaining units – will result in a devastating impact on the quality of integrated care necessary for the elderly, raise unit labor costs, and overall increase the costs of health care for our fastest growing and most vulnerable patient population.

The written testimony – submitted to the House Education & Workforce Subcommittee on Health, Employment, Labor & Pensions – goes on to state AHCA/NCAL’s concern that, cloaked as rulemaking, the NLRB is engaging in legislation through a  recent proposed rule regarding posting employee rights under the National Labor Relations Act. This movement, previously under Congressional oversight, is unprecedented and alarming.