NLRB Approves Hospice Union Vote Across NJ on Religious and Professional Worker Classifications
NLRB Region 4 approved a 160-employee bargaining unit at Samaritan Healthcare & Hospice, determining music therapists qualify as professionals and spiritual counselors are eligible for representation.
On February 4, 2026, National Labor Relations Board Regional Director Kimberly Andrews approved a union representation election at Samaritan Healthcare & Hospice covering approximately 160 healthcare professionals across three New Jersey facilities and field operations. The decision addresses questions about multifacility bargaining units in healthcare and professional employee classifications under Section 2(12) of the NLRA.
The Regional Director applied the Exemplar, Inc. framework to approve an employer-wide unit spanning the Main Office, two inpatient units (IPUs), and field services. The analysis determined that centralized management, common supervision, geographic proximity (5-15 miles), and similar skills and working conditions outweighed the limited functional integration and employee interchange between field and IPU operations.
Regarding professional classification, the decision determined music therapists meet the Section 2(12) criteria as professional employees based on their master's degree requirement, board certification, and exercise of independent clinical judgment. The Program and Clinical Coordinator was excluded from the unit, having been determined not to meet professional employee criteria.
On the employer's argument to exclude Spiritual Support Counselors based on potential religious entanglement, the decision found no binding precedent supporting such exclusion. The Regional Director noted these positions provide clinical care pursuant to CMS regulations in a secular hospice setting.
The election will be conducted entirely by mail ballot to accommodate field employees who do not regularly report to physical facilities. Ballots will be mailed February 13, 2026 and counted March 13, 2026.
Key Points
- Multifacility Unit Approved: Bargaining unit approved across three facilities plus field operations under Exemplar framework
- Music Therapists Determined Professional: Master's degrees, board certification, and independent judgment satisfied Section 2(12) criteria
- Spiritual Counselors Determination: Employer argued for exclusion based on religious function; Regional Director found no precedent requiring exclusion
- Mail Ballot Election: 160 eligible voters will receive mail ballots; eligibility based on January 24, 2026 payroll period
- Program and Clinical Coordinator Excluded: Determined not to meet professional employee criteria under petition scope
- Exemplar Factors Analysis: Community of interest established through centralized management, common benefits, and geographic proximity
- Election Timeline: Ballots mailed February 13, count scheduled March 13, 2026
Primary Source Author: Kimberly Andrews, Regional Director
Primary Source: Decision and Direction of Election, Case 04-RC-376445, National Labor Relations Board Region 4
Primary Source Link: https://apps.nlrb.gov/link/document.aspx/09031d45841ad72c
