Manor Care of Easton, PA., LLC v. National Labor Relations Board
Docket: 10-1411, 11-1011
Court: Court of Appeals for the D.C. Circuit; November 22, 2011; Federal Appellate Court
Original Court Document: View Document
Manor Care of Easton, PA, LLC, petitioned for review of a National Labor Relations Board (NLRB) order, which found that Manor Care violated sections 8(a)(1) and (3) of the National Labor Relations Act. The violations involved threatening and disciplining Trisha Miechur, a certified nursing assistant and union supporter. The Board concluded that Manor Care unlawfully confiscated union literature, interrogated Miechur, solicited grievances to dissuade unionization, and granted wage increases to discourage union membership. The court affirmed the Board's findings, noting that a supervisor's statement to Miechur to "stop worrying about the Union and worry about your job" constituted an unlawful threat of job loss. The court applied the Wright Line test to assess whether Miechur’s union activities were a motivating factor in her discipline. Manor Care admitted that her union activities contributed to the disciplinary action but claimed it would have punished her regardless. However, the Board's findings were supported by evidence showing that similar conduct by other employees went unpunished, and Manor Care failed to follow its own disciplinary procedures in Miechur's case. Consequently, the court denied Manor Care's petition for review and granted the NLRB's cross-application for enforcement, confirming the Board's determination that Manor Care engaged in unfair labor practices in violation of the Act.