Baptist Memorial Hospital

National Labor Relations Board - Board Decisions

May 30, 1979

242 N.L.R.B. 642 (N.L.R.B. 1979)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Baptist Memorial Hospital and American Federation
of State, County and Municipal Employees, AFL-
CIO. Cases 26-CA-5734, 26-CA-5781, and 26-
CA 5875
May 30, 1979
SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN FANNING AND MEMBERS PENIEI.I)O
AND MURPHY
On June 30, 1976, the National Labor Relations
Board issued a Decision and Order in this proceed-
ing.' The Board, in agreement with Administrative
Law Judge Thomas A. Ricci, found that Respondent,
by various conduct, including the unequal application
of a dress code rule prohibiting uniformed employees
from wearing medallions and identification other
than "name plates, school pins, professional registra-
tion insignia, and hospital service pins," violated Sec-
tion 8(a)(1) of the Act.2 The Board also adopted the
Administrative Law Judge's finding that, by placing
reprimand notices in the personnel file of several em-
ployees for wearing union buttons on its premises in
contravention of the above-described rule, as discrim-
inatorily applied, Respondent violated Section 8(a)(3)
of the Act. The Board, however, specifically did not
affirm or rely on the Administrative Law Judge's find-
ing and conclusion that Respondent's rule on its face
was unlawful, even though it did adopt his recom-
mended Order, including paragraph I(b), which, in
pertinent part, directs Respondent to cease and desist
from "[m]aintaining and enforcing its rule prohibiting
employees from wearing union buttons or insignia on
the hospital premises....."
Thereafter, on November 30, 1978, the United
States Court of Appeals for the Sixth Circuit issued
an order3 in which it granted enforcement of the
Board's order, except that aspect "which appears
wholly to invalidate a hospital rule against wearing
union buttons," the "apparent breadth" of which the
court found to be in conflict with Board authority as
set forth in Evergreen Nursing Home and Rehabhilital-
tion C(enter, Inc.4 The court remanded the "union but-
ton issue . . . only for further consideration" under
Evergreen Nursing Home, supra, and The Ohio 1la-
sonic Home.5
Pu.suant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
m 225 NLRB 525.
2 Citing St. Joseph's Hospital, 255 NLRB 348 (1976).
'N.L.R.B. v. Baptist Memorial Hospital. 583 F.2d 906 (6th (ir. 19781
4 198 NLRB 775 (1972).
5205 NLRB 357 (1973), affd. 511 F.2d 527 (6th (ir. 1975}.
The Board, having duly considered the issue out-
standing in light of the order of the United States
Court of Appeals for the Sixth Circuit remanding the
proceeding, and the statements of position on remand
of Respondent 6 and the General Counsel, has decided
to revise paragraph (b) of its original Order to more
closely conform to its limited finding that the hospital
dress code rule was unequally applied and enforced.
We shall, therefore, order Respondent to cease and
desist from discriminating against employees in the
exercise of their Section 7 rights by unequally apply-
ing and enforcing its dress code.7
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Rela-
tions Board hereby modifies its Order herein, as set
forth below, and orders that the Respondent, Baptist
Medical Hospital, Memphis, Tennesse, its officers,
agents, successors, and assigns, shall take the action
set forth in said Order, as modified:
I. Delete that portion of paragraph l(b) of our
original Order herein beginning with "Maintaining"
and ending with "premises," and substitute therefor
the following:
"Discriminating against any employee in the exer-
cise of his or her protected rights by the unequal ap-
plication or enforcement of its dress code,"
2. Substitute the attached notice for that in our
original Decision herein.
I Respondent has requesled oral argument. This request is herehb denied
as the record and he hriels adequately present the isues and the positions o
the parties.
? St Jovph' i H-opiil/. ilupra at 349
APPENDIX
NOI(rEi To EMsI.OEviIS
PosrEI) BY ORDI)R ()1- Ill
NA I O()NAI LABOR R:LA I()ONS BOARD
An Agency of the United States Government
WE WII.I. Nor place reprimand or disciplinary
notices following counseling interviews in the
personnel files of any of our employees for the
purpose of intimidating them and coercing them
with respect to their union activities.
Wil \wVIl. Nor interrogate our employees con-
cerning their union activities or as to how they
intend to vote in union elections.
WI: WL.I. NOI interrogate our employees con-
cerning the union activities of other employees.
WL: WlL . N(I invite our employees to bring
their individual grievances to us for satisfaction
instead of acting throtugh their Union.
242 NLRB No. 103
642
BAPTIST MEMORIAI. HOSPITAL
WE Wii.L. NOT offer improvements in condi-
tions of' employment to our employees for the
purpose of inducing them to abandon their
union activities.
Wt WILl. NOI threaten to discharge employees
if they persist in their prounion activities.
WE. WIIi. NOT offer to assist employees to with-
draw from their union activities or from their
membership in union organizing committees.
WE WILI, NOT spy or attempt to spy on the
union activities of our employees.
Wt WIl.l. NOT discriminate against any em-
ployee in the exercise of his or her protected ac-
tivities by unequally applying or enforcing our
dress code.
WtI WIi.. NOt in any like or related manner
interfere with, restrain, or coerce our employees
in the exercise of their rights to self-organization.
to join or assist American Federation of State.
County and Municipal Employees AFL-CIO.
or an) other labor organization. and to engage in
other concerted activities fbr the purpose of col-
lective bargaining or other mutual aid or protec-
tion, or to refrain from any and all such activi-
ties.
Wi! WlL remove from the personnel files of'
the following employees certain disciplinary rep-
rimand notice which we have placed there for
the purpose of coercing them to abandon their
union activities. Those employees are named as
f'ollows:
Rasher Maclin Phyllis Taylor
Eddie May
Pearson Gwendolyn Smith
Patty Wilkins Francis Middleton
BAPllSI MEtMORIA. HOSPI1AI.
643