Employees at a hospital in Pennsylvania are petitioning the National Labor Relations Board to overturn a board regional director’s resolution to unionize the employees with out their consent.

Lehigh Valley Hospital-Schuylkill East’s 160 employees had been pressured right into a union membership with the Service Employees International Union via the “accretion doctrine,” a coverage that permits the NLRB to unionize a gaggle of workers regardless of a majority opposing membership.

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“This case demonstrates how the National Labor Relations Act, which is ostensibly in regards to the rights of workers, has been weaponized in opposition to impartial employees who want to stay freed from union bosses’ so-called illustration,” National Right to Work Foundation President Mark Mix stated in an announcement. “These workers efficiently opposed an SEIU organizing marketing campaign at their office solely to have a union partisan on the NLRB pressure the union on them with no vote or any exhibiting of curiosity.”

The accretion doctrine is an exception to the National Labor Relations Act’s basic dedication to the staff’ proper to decide on union membership over self-representation. An employer can unionize a team of workers with out taking a vote by including them to a different group of workers already underneath union illustration. As lengthy because the newcomers don’t outnumber the unionized group and gained’t compose a separate bargaining unit, the employees don’t have a selection.

Schuylkill East’s employees joined the Lehigh Valley Hospital-Schuylkill South’s bargaining unit that has been part of the SEIU for many years.

Schuylkill East’s employees rejected an invite by SEIU to unionize in 2016. Union organizers couldn’t pull sufficient help collectively to file a petition for an election, that wants 30 % help from the workforce.

The NLRB official who proceeded over the 2 workforces’ merger into the identical bargaining unit, Regional Director Dennis Walsh, served as chairman for the pro-union nonprofit Peggy Browning Fund throughout part of his tenure with the NLRB. Walsh was suspended from the NLRB, in addition to pressured to resign from his place within the nonprofit, after an inspector basic investigation discovered he misled ethics officers about his involvement with the pro-union group, The Washington Free Beacon reported on the time.

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