Granada Wellness & Rehabilitation Center, LLCDownload PDFNational Labor Relations Board - Unpublished Board DecisionsApr 26, 202120-RC-268518 (N.L.R.B. Apr. 26, 2021) Copy Citation UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD GRANADA WELLNESS & REHABILITATION CENTER, LLC Employer and Case 20-RC-268518 SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 2015 Petitioner ORDER The Employer’s Request for Review of the Regional Director’s Decision Overruling Election Objection and Certification of Representative is denied as it raises no substantial issues warranting review.1 MARVIN E. KAPLAN, MEMBER WILLIAM J. EMANUEL, MEMBER 1 In denying review, we acknowledge the very difficult circumstances that the Employer and its employees faced as a result of the severe COVID-19 outbreak in the Employer’s facility just before and during the mail-ballot election in December 2020. We agree with the Regional Director that the Employer has failed to present sufficient evidence that the failure to grant its request to postpone the election prejudiced its ability to present its campaign message to unit employees. See Transportation Unlimited, Inc., 312 NLRB 1162, 1162 (1993) (“[I]t requires more than mere speculative harm to overturn an election.”). We also note that although the Employer explained that conditions at its facility were stressful and hard on the employees, it did not claim that any employee was prevented from voting via mail ballot by such conditions. We therefore find that the Regional Director carefully considered the circumstances presented here, and the Employer has not raised an issue that warrants postponing or setting aside the election. However, we disavow any reliance on the Regional Director’s observation that “at most” the Employer’s claimed inability to conduct its post-outbreak election campaign through the preferred method of onsite communications with employees only resulted in a “level playing field” for both parties to campaign outside the workplace. JOHN F. RING, MEMBER Dated, Washington, D.C., April 26, 2021 Copy with citationCopy as parenthetical citation
