Third Circuit rules in favor of Pa. union

By Michael P. Tremoglie | Jan 24, 2012

PHILADELPHIA (Legal Newsline) - A three-judge panel of the U.S. Court of Appeals for the Third Circuit has ruled that the National Labor Relations Board was correct in certifying a union vote.

Mars Home for Youth, a facility for at risk juveniles, disputed the contention of the Pennsylvania Social Services Union, Local 668 of the Service Employees International Union that assistant managers are not supervisors and ineligible to vote for union representation. Mars refused to recognize the union that was voted for by the employees by only three votes.

The NLRB certified the vote. Mars said the vote was invalid and refused to bargain with the union. They filed a court action. The court affirmed the NLRB. Mars appealed the case to the Third Circuit.

The three-judge panel ruled that the NLRB was correct. They found that there was sufficient evidence that the assistant managers do not perform the duties of the supervisor as defined in the National Labor Relations Act.

"The record before the Board contained numerous examples of where assistant managers were not disciplined for the failure of resident assistants to follow their directions," the Court wrote. "Rather, the record shows that the assistant managers were disciplined for their own failings as managers ...

"Further, the evaluation form, which will form the basis of these pay raises, does not evaluate the assistant managers on their responsible direction. ... Mars Home failed to meet its burden of demonstrating that the assistant managers are supervisors because they responsibly direct others is supported by substantial evidence and should not be disturbed."

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