AHCA/NCAL Accuses Labor Relations Board of ‘Abusing Discretionary Authority’

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

AHCA/NCAL argued that a notice recently issued by the NLRB has the intent to significantly engage in “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 healthcare for our fastest growing and most vulnerable patient population,” according to an AHCA/NCAL release.

“The time has come for us to defend our workforce,” said 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.”

The written testimony goes on to state the associations’ concern that 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,” AHCA/NCAL said in a release.

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