Company Wins Union Election but Ordered to Negotiate Collective Bargaining Agreement

A nursing home whose employees voted against union representation 64-60 was ordered to start bargaining with the union for a contract, a seldom-used penalty levied against companies that commit egregious unfair labor practice charges during a union organizing campaign. The company allegedly committed two “hallmark” unfair labor practices. First, it granted a raise to workers immediately before the representation election as a way to discourage union support, and it discharged a union organizer. Other violations included recruiting employees to campaign against the union, calling the police in response to employees engaging in protected activity, and expressing to employees the futility of attempting to obtain union representation by telling them it would not allow the union to come into the facility.

Rubbing salt in the wound, the Board’s PR department announced the ruling in an e-mailed statement, a departure from the lack of fanfare that generally accompanies these types of decisions.

Matt Austin is a lawyer based in the Columbus, Ohio office of Roetzel & Andress, LPA who limits his practice to representing employers dealing with labor, employment, and OSHA matters. You can call Matt at (614) 723-2010 or email him at