NLRB Issues Ruling in Independence Residences, Inc. and Workers United Service Employees International Union

The National Labor Relations Board (NLRB) recently held 2-1 that a group home operator whose employees voted for union representation in 2003 must bargain with a successor to the bargaining representative, UNITE HERE. The Board rejected the employer's argument that years of litigation and employee turnover made the bargaining order inappropriate. Among other things, the Board pointed out that the employer failed to document employee turnover in the unit in a manner that would provide it with justification for refusing to bargain with the successor. The Board's decision can be found here.