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Homecare worker appeals ruling discarding anti-union ballots

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Homecare worker appeals ruling discarding anti-union ballots
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Glenn M. Taubman | Staff Attorney (1982-Present) | NRTWLD&EF, Inc

An employee of the senior homecare nonprofit McDowell County Commission on Aging has requested the National Labor Relations Board (NLRB) in Washington, D.C., to overturn a regional NLRB official’s ruling that discarded his and his coworkers’ ballots in a union decertification vote. This action follows an agreement between his employer and Service Employees International Union (SEIU) officials to stifle the worker-led union removal effort.

The worker, John Reeves, submitted his Request for Review with free legal aid from National Right to Work Legal Defense Foundation staff attorneys. He is asking the NLRB to order regional labor board officials to process his petition for a union removal vote at his workplace. The Request for Review also challenges the application of the “settlement bar” policy by regional NLRB officials. This non-statutory policy allows union bosses and employers to block an employee-requested union decertification vote after finalizing a settlement.

Reeves’ Request for Review highlights that the issues being settled by the union and employer—union-alleged accusations of employer wrongdoing that were never proven or admitted—provide no basis for invalidating Reeves and his coworkers’ votes. The Request for Review states:

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Employer and SEIU Union Bosses Colluded to Eliminate Workers’ Shot at Voting Out Union

Reeves began his effort to remove the SEIU union in June 2024 when he filed a petition requesting the NLRB administer a union decertification election at McDowell County Commission on Aging. The petition had sufficient employee signatures under NLRB rules to trigger such a vote.

Commission management and union officials agreed to terms of a union decertification election, which took place on July 9, 2024. However, regional NLRB officials announced on the morning of the election that Reeves and his coworkers’ ballots would be impounded due to pending unfair labor practice allegations by SEIU against Commission management.

After continued delays from NLRB officials preventing ballot counting, Reeves sought intervention in the unfair labor practice case aiming to show no link between these allegations and their desire to vote out the union. Nevertheless, this request was denied by regional NLRB.

In January 2025—six months after voting—Commission officials and SEIU entered into an agreement settling unfair labor practice charges. Despite no proven or admitted malfeasance affecting decertification efforts, it was decided unilaterally by employer and union dismissing Reeves' petition with no new one entertained for four months.

"[The regional NLRB] dismissed Reeves' decertification petition because...even though...Union's allegations were unproven," reads Reeves' Request.

"Mr. Reeves and coworkers deserve their voices heard," said National Right-to- Work Foundation President Mark Mix.. "Settlement bar' lets self-interested unions maintain control over dissenting workers."

"Workers have statutory rights under federal law holding decertification votes," added Mix.. "Employers & unions shouldn't strip workers' rights settling disputes collusively."

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