CPL (Linwood) LLC d/b/a Linwood Care Center

National Labor Relations Board - Unpublished Board Decisions

Mar 14, 2016

04-CA-146362 (N.L.R.B. Mar. 14, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CPL (LINWOOD) LLC d/b/a LINWOOD CARE
CENTER AND ITS SUCCESSOR 201 NEW
ROAD OPERATIONS, LLC d/b/a LINWOOD
CARE CENTER
and Cases 04-CA-146362
04-CA-146670
1199 SEIU UNITED HEALTHCARE 04-CA-148705
WORKERS EAST 04-CA-165109
ORDER1
The Respondent’s motions for partial dismissal of the complaint are denied. The
Respondent has failed to demonstrate that the complaint allegations concerning the
unilateral changes to and revocation of the parties’ oral agreement allowing the Union
access to the facility and the delay in furnishing information requested by the Union are
moot. Further, to the extent that the Respondent is seeking summary judgment on the
complaint’s allegations pertaining to the discipline of its employees, it has failed to
establish that there are no genuine issues of material fact and that it is entitled to
judgment as a matter of law.
Dated, Washington, D.C., March 14, 2016.
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER
LAUREN McFERRAN, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.