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ARTICLE · 18 JANUARY 2023

NLRB Concludes Exigent Circumstances Delay, Do Not Eliminate, Decisional Bargaining

Ogletree, Deakins, Nash, Smoak & Stewart
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n a decision instructive to employers facing sudden, emergency conditions requiring immediate response, a divided National Labor Relations Board (NLRB) in Metro Man IV, LLC d/b/a Fountain Bleu Health and Rehabilitation Center, Inc., 372 NLRB No. 37 (December 28, 2022).

United StatesEmployment and HR
Jesse R. Dill
Jesse R. Dill
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In a decision instructive to employers facing sudden, emergency conditions requiring immediate response, a divided National Labor Relations Board (NLRB) in Metro Man IV, LLC d/b/a Fountain Bleu Health and Rehabilitation Center, Inc., 372 NLRB No. 37 (December 28, 2022), expanded an employer's obligation to bargain with a union in the aftermath of exigent circumstances. The Board majority determined that an employer must bargain over both the decision and its effects once the emergency passes.

Background

Fountain Bleu Health and Rehabilitation Center, Inc., owned and operated a 108-bed nursing home in Livonia, Michigan. Following the company's purchase of the facility in October 2018, it voluntarily recognized the union as the collective-bargaining representative for two bargaining units of employees: in one unit, licensed practical nurses; in the other unit, certified nursing assistants (CNAs) and other support staff.

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