Beverly Enterprises

National Labor Relations Board - Board Decisions

Mar 29, 1995

316 N.L.R.B. 888 (N.L.R.B. 1995)

888
316 NLRB No. 134
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
1 310 NLRB 222 (1993).
2 Torrington Extend-A-Care Employee Assn. v. NLRB, 17 F.3d 580
(2d Cir. 1994).
Beverly California Corporation f/k/a Beverly Enter-
prises, its Operating Divisions, Wholly Owned
Subsidiaries and Individual Facilities and each
of them and District 1199P, National Union of
Hospital and Health Care Employees, AFL–
CIO and Service Employees International
Union, Local 585, AFL–CIO and Pennsylvania
Social Services Union, Service Employees Inter-
national Union, Local 668, AFL–CIO and
International Union of Operating Engineers,
Local 547, A, B, C, D, H, AFL–CIO and Serv-
ice Employees International Union, AFL–CIO
and Service Employees International Union,
Local 79, AFL–CIO and Teamsters, Local
Union No. 839 a/w International Brotherhood
of Teamsters, AFL–CIO and Service Employ-
ees International Union, Local 96, AFL–CIO
and District 1199C, National Union of Hospital
and Health Care Employees, AFL–CIO and
Service Employees International Union, Local
606, AFL–CIO and Minnesota Licensed Prac-
tical Nurses’ Assoc. and International Union,
United Automobile, Aerospace and Agricul-
tural Implement Workers of America & Local
838, AFL–CIO and United Food and Commer-
cial Workers International Union, Local 917,
AFL–CIO and Communications Workers of
America, AFL–CIO and Elias Pierre and
Malcom Campbell and New England Health
Care Employees, District 1199, National Union
of Hospital and Health Care Employees, AFL–
CIO and Precious Beasley and United Steel-
workers of America, AFL–CIO and United
Food and Commercial Workers Union Local
No. 73-A, affiliated with United Food and
Commercial Workers International Union,
AFL–CIO and Torrington Extend-A-Care Em-
ployee Association. Cases 6–CA–19444, 6–CA–
19494, 6–CA–19495–1, 6–CA–19538, 6–CA–
19676, 6–CA–19720, 6–CA–19726, 6–CA–19736,
6–CA–19744, 6–CA–19745, 6–CA–19793(1–2),
6–CA–19861, 6–CA–19871, 6–CA–19936, 6–CA–
19937, 6–CA–19944, 6–CA–19996, 6–CA–19997,
6–CA–19998, 6–CA–20018, 6–CA–20144–2, 6–
CA–20185, 6–CA–20188–1 (formerly 4–CA–
16262), 6–CA–20188–10 (formerly 4–CA–16466),
6–CA–20188–11 (formerly 4–CA–16461), 6–CA–
20188–12 (formerly 4–CA–16321), 6–CA–20188–
13 (formerly 4–CA–16325), 6–CA–20188–14
(formerly 4–CA–16432), 6–CA–20188–15 (for-
merly 4–CA–16438), 6–CA–20188–19 (formerly
4–CA–16509–2), 6–CA–20188–30 (formerly 4–
CA–16710), 6–CA–16804 (formerly 4–CA–
16804–2), 6–CA–20188–31 (formerly 4–CA–
16756–2), 6–CA–20188–33 (formerly 4–CA–
16943–1), 6–CA–20188–50 (formerly 4–CA–
17921–1), 6–CA–20188–51 (formerly 4–CA–
17921–4), 6–CA–20188–52 (formerly 4–CA–
18176), 6–CA–20267, 6–CA–20323, 6–CA–
20331, 6–CA–20331–1, 6–RC–9981, 6–CA–
19821, 6–CA–20028, 6–CA–20321, 6–CA–20322,
6–CA–20188–7 (formerly 4–CA–16156–1–2, 4–
CA–16535), 6–CA–20188–2 (formerly 7–CA–
26580), 6–CA–20188–3 (formerly 16–CA–13060),
6–CA–20188–4 (formerly 7–CA–26846–1–2), 6–
CA–20188–6 (formerly 7–CA–26817–1), 6–CA–
20188–34 (formerly 7–CA–27578), 6–CA–20188–
38 (formerly 7–CA–27857), 6–CA–20188–39
(formerly 7–CA–27876), 6–CA–20188–43 (for-
merly 7–CA–28180), 6–CA–20188–5 (formerly
19–CA–18976), 6–RC–9927 (formerly 19–RC–
11518), 6–CA–20188–16 (formerly 17–CA–
13255), 6–CA–20188–44 (formerly 17–CA–
13897), 6–CA–20188–17 (formerly 17–CA–
16366), 6–CA–20188–24 (formerly 17–CA–
16712), 6–CA–20188–18 (formerly 16–CA–
13111), 6–CA–20188–20 (formerly 18–CA–9994),
6–CA–20188–21 (formerly 18–CA–9988), 6–CA–
20188–22 (formerly 18–CA–18767), 6–CA–
20188–25 (formerly 18–CA–18800), 6–CA–
20188–23 (formerly 14–CA–19080), 6–CA–
20188–32 (formerly 14–CA–19301), 6–CA–
20188–28 (formerly 1–CA–24979), 6–CA–20188–
29 (formerly 14–CA–19262), 6–CA–20188–35
(formerly 1–CA–25258–1), 6–CA–20188–36 (for-
merly 1–CA–25258–2), 6–CA–20188–41 (for-
merly 39–CA–3665), 6–CA–20188–37 (formerly
7–CA–27860), 6–CA–20188–40 (formerly 9–CA–
25168), 6–CA–20188–42 (formerly 30–CA–
10073), and 6–CA–20188–45 (formerly 39–CA–
3883)
March 29, 1995
DECISION ON REMAND AND ORDER
BY CHAIRMAN GOULD AND MEMBERS STEPHENS
AND COHEN
On January 29, 1993, the National Labor Relations
Board issued a decision1 finding that the Respondent,
Beverly Enterprises, had committed over 130 viola-
tions of Section 8(a)(1), (3), and (5) of the National
Labor Relations Board Act at 33 nursing home facili-
ties throughout the United States. In addition to the
customary cease-and-desist and affirmative remedies,
the Board ordered that a broad cease-and-desist order
apply to all of the Respondent’s nursing homes
throughout the United States and that the notice to em-
ployees covering all of the violations found at the 33
facilities be posted at each of the Respondent’s facili-
ties corporatewide.
By order dated February 28, 1994, the United States
Court of Appeals for the Second Circuit enforced the
majority of the Board’s findings, but declined to en-
force the extraordinary, corporatewide order and no-
tice.2 Thereafter, in a supplemental order dated July
13, 1994, the court directed the Board to prepare a
supplemental decision setting forth a series of cease-
889BEVERLY ENTERPRISES
3 Thus, the findings of fact and conclusions of law, as enforced by
the court’s decision dated February 28, 1994, remain unchanged.
4 Hickmott Foods, 242 NLRB 1357 (1979).
5 By specifically omitting Fayette Health Care Center and
Meyersdale Manor from the list of facilities at which a narrow order,
and not a broad order, is appropriate, the Respondent apparently
concedes that a broad cease-and-desist order is warranted at those fa-
cilities.
6 We reject the Respondent’s contention that some of the 8(a)(1)
and (3) violations at Carpenter Care Center should not be considered
egregious in light of the Supreme Court’s ruling in NLRB v. Health
Care & Retirement Corp. of America, 114 S.Ct. 678 (1994), because
they were directed at an LPN. Even if we do not consider those vio-
lations directed at Lynn Smith, we still find that the Respondent has
demonstrated a proclivity to violate the Act given the extensive
8(a)(1), (3), and (5) violations it committed at that facility.
7 We reject the Respondent’s argument that the Union should be
required to submit a new showing of interest at Four Chaplains Con-
valescent Center and Parkview Manor Nursing Home prior to direct-
ing new elections at those facilities. It is the Board’s longstanding
policy not to require a new showing of interest when an election is
set aside due to a meritorious objection. Provincial House, 236
NLRB 926 (1978); Interlake Steamship Co., 178 NLRB 128 (1969).
and-desist orders and other affirmative relief to remedy
violations found at the individual facilities at issue in
this case. The court ordered the Board to identify, with
respect to each facility, whether the Board deems a
narrow or broad cease-and-desist order to be appro-
priate based on the scope and nature of the violations
found at each individual facility. The court also di-
rected the Board to prepare individual notices to em-
ployees for each of the various facilities at which vio-
lations occurred, tailored to address only the violations
found at the facility where the notice is to be posted.
On September 1, 1994, the Board notified the par-
ties that it had accepted the court’s remand and would
take appropriate action consistent with the remand. The
Board also invited the parties to submit briefs stating
their positions. The General Counsel and the Respond-
ent each filed statements of positions on remand.
The Board has delegated its authority in this pro-
ceeding to a three-member panel.
The Board regards the sole issue for determination
before it to be the scope and breadth of the Board’s
Order in the underlying case.3 The General Counsel ar-
gues that the Respondent has demonstrated a proclivity
to violate the Act when the Respondent’s actions at all
the facilities are considered and that, notwithstanding
the instructions of the court, the Board should fashion
a broad cease-and-desist order for each of the Re-
spondent’s facilities at issue.4 The Respondent argues
that a broad order is not appropriate at the facilities at
which the Board found only one or two violations and
that the nature of the violations at other facilities were
not so egregious and widespread as to require a broad
order.5
Consistent with the court’s remand, we find that the
Respondent has demonstrated a proclivity to violate
the Act at Fayette Health Care Center, Meyersdale
Manor, and Carpenter Care Center, and that a broad
cease-and-desist order is appropriate to remedy the vio-
lations found at those facilities.6 We also find that a
broad cease-and-desist order is not warranted at the re-
maining facilities. Finally, because we have found
meritorious the objections to elections at Four Chap-
lains Convalescent Center and Parkview Manor Nurs-
ing Home, we order that new elections be held at those
facilities.7
ORDER
The Respondent, Beverly California Corporation
f/k/a Beverly Enterprises, its Operating Divisions,
Wholly Owned Subsidiaries and Individual Facilities
and each of them, Pasadena, California, its officers,
agents, successors, and assigns, shall
1. Beverly Manor of Monroeville:
A. Cease and desist from
(1) Threatening employees with discipline or more
onerous working conditions, and imposing such condi-
tions, because of their union activity or other protected
concerted activity.
(2) Forbidding or attempting to forbid employees
from engaging in lawful solicitation or distribution on
behalf of a union on or off its property and during
nonworking time or in nonwork and/or nonpatient care
areas.
(3) Engaging in surveillance of employees’ union
activities or creating the impression of such surveil-
lance among employees.
(4) Reprimanding employees because of their activi-
ties on behalf of or support for a union or their partici-
pating in other protected concerted activity.
(5) Failing and refusing to bargain in good faith
with a union selected by a majority of its employees
as their collective-bargaining representative.
(6) Unilaterally implementing changes in terms and
conditions of employment of employees without prior
notice to or affording an opportunity to bargain with
the Union selected as their collective-bargaining rep-
resentative.
(7) Failing and refusing to meet and bargain with a
union representing its employees concerning employ-
ees’ complaints and grievances.
(8) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) Remove from its files any references to the un-
lawful disciplinary actions taken against Josephine
Belice and Debbie Sevalli, and notify them in writing
that this has been done and that evidence of their un-
lawful discipline will not be used as a basis for future
personnel action against them.
890 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
(2) On request, bargain in good faith concerning
wages, hours, and other terms and conditions of em-
ployment with the Union.
(3) Post at its facility in Monroeville, Pennsylvania,
operating as Beverly Manor of Monroeville, copies of
the attached notice marked ‘‘Appendix 1.’’ Copies of
the notice, on forms provided by the Regional Director
for Region 6, after being signed by the Respondent’s
authorized representative, shall be posted by the Re-
spondent immediately upon receipt and maintained for
60 consecutive days in conspicuous places including
all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Re-
spondent to ensure that the notices are not altered, de-
faced, or covered by any other material.
(4) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
2. Fayette Health Care Center:
A. Cease and desist from
(1) Threatening employees with discipline or more
onerous working conditions because of their union ac-
tivity or other protected concerted activity.
(2) Threatening employees with loss of benefits if
they select a union to represent them.
(3) Threatening employees with discharge because
of their union activity or other protected concerted ac-
tivity.
(4) Threatening employees with reprisal for testi-
fying at a Board hearing.
(5) Forbidding or attempting to forbid employees
from wearing union identification or engaging in law-
ful solicitation or distribution on behalf of a union on
or off its property and during nonworking time or in
nonwork and/or nonpatient care areas.
(6) Discharging employees or imposing any discipli-
nary measures on employees because of their activities
on behalf of or support for a union or their partici-
pating in other protected concerted activity.
(7) Issuing employees less favorable performance
evaluations because of their support for or activities on
behalf of a union.
(8) Failing and refusing to bargain in good faith
with a union selected by a majority of its employees
as their collective-bargaining representative.
(9) Unilaterally implementing changes in terms and
conditions of employment of employees without prior
notice to or affording an opportunity to bargain with
the Union selected as their collective-bargaining rep-
resentative.
(10) Failing and refusing to meet and bargain with
a union representing its employees concerning employ-
ees’ complaints and grievances.
(11) Assaulting union representatives, delegates, or
stewards.
(12) In any other manner interfering with, restrain-
ing, or coercing employees in the exercise of the rights
guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) Make whole, commencing from the date of their
unlawful discharges, the 17 employees unlawfully dis-
charged on September 15, 1986, but later rehired at
Fayette Health Care Center, for any loss of pay and
other benefits suffered by them as a result of the dis-
crimination practiced against them. Backpay shall be
computed in accordance with F. W. Woolworth Co.,
90 NLRB 289 (1950), with interest computed as set
forth in New Horizons for the Retarded, 283 NLRB
1173 (1987).
(2) Remove from its files any references to the dis-
charges of the 17 employees referred to in B(1) above
and the unlawful disciplinary action taken against
Joann Clingan and notify her in writing that this has
been done and that evidence of their unlawful dis-
cipline will not be used as a basis for future personnel
action against them.
(3) On request, bargain in good faith concerning
wages, hours, and other terms and conditions of em-
ployment with the Union selected by its employees as
their collective-bargaining representative.
(4) Preserve and, on request, make available to the
Board or its agents for examination and copying, all
payroll records, social security payment records, time-
cards, personnel records and reports, and all other
records necessary to analyze the amount of backpay or
other moneys due under the terms of this Order.
(5) Post at its facility in Uniontown, Pennsylvania,
operating as Fayette Health Care Center, copies of the
attached notice marked ‘‘Appendix 2.’’ Copies of the
notice, on forms provided by the Regional Director for
Region 6, after being signed by the Respondent’s au-
thorized representative, shall be posted by the Re-
spondent immediately upon receipt and maintained for
60 consecutive days in conspicuous places including
all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Re-
spondent to ensure that the notices are not altered, de-
faced, or covered by any other material.
(6) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
3. Mount Lebanon Manor Convalescent Center:
A. Cease and desist from
(1) Threatening employees with discipline or more
onerous working conditions, or imposing such condi-
tions, because of their union activity or other protected
concerted activity.
(2) Threatening employees with loss of benefits if
they select a union to represent them.
891BEVERLY ENTERPRISES
(3) Threatening to withhold a wage increase because
employees selected the Union as their collective-bar-
gaining representative.
(4) Forbidding or attempting to forbid employees
from engaging in lawful solicitation or distribution on
behalf of a union on or off its property and during
nonworking time or in nonwork and/or nonpatient care
areas.
(5) Interrogating employees regarding their union
activity or the union activity of others.
(6) Creating the impression of surveillance of em-
ployees’ union activities among employees.
(7) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) Post at its facility operating as Mount Lebanon
Manor Convalescent Center, copies of the attached no-
tice marked ‘‘Appendix 3.’’ Copies of the notice, on
forms provided by the Regional Director for Region 6,
after being signed by the Respondent’s authorized rep-
resentative, shall be posted by the Respondent imme-
diately upon receipt and maintained for 60 consecutive
days in conspicuous places including all places where
notices to employees are customarily posted. Reason-
able steps shall be taken by the Respondent to ensure
that the notices are not altered, defaced, or covered by
any other material.
(2) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
4. and 11. Carpenter Care Center:
A. Cease and desist from
(1) Threatening employees that if they engage in a
strike, they will not be permitted to visit close relatives
who are residents at the facility.
(2) Interrogating employees regarding their union
activity or the union activity of others.
(3) Creating the impression of surveillance of em-
ployees’ union activities among employees.
(4) Discharging employees or imposing any discipli-
nary measures on employees including suspensions,
written warnings, or oral warnings because of their ac-
tivities on behalf of or support for a union or their par-
ticipating in other protected concerted activity.
(5) Failing and refusing to bargain in good faith
with a union selected by a majority of its employees
as their collective-bargaining representative by, among
other things, dealing directly with represented employ-
ees.
(6) Unilaterally implementing changes in terms and
conditions of employment of employees without prior
notice to or affording an opportunity to bargain with
the Union selected as their collective-bargaining rep-
resentative.
(7) In any other manner interfering with, restraining,
or coercing employees in the exercise of the rights
guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) Offer Erika Evans immediate and full reinstate-
ment to her former position or, if that position no
longer exists, to a substantially equivalent position (at
a different facility if necessary), without prejudice to
her seniority and other rights and privileges.
(2) Make Erika Evans and Marie Meador whole,
commencing from the date of their unlawful discharge
or suspension as the case may be, for any loss of pay
and other benefits suffered by them as a result of the
discrimination practiced against them. Backpay shall
be computed in accordance with F. W. Woolworth
Co., 90 NLRB 289 (1950), with interest computed as
set forth in New Horizons for the Retarded, 283 NLRB
1173 (1987).
(3) Remove from its files any references to the dis-
charge of Erika Evans and the unlawful disciplinary
actions taken against Maria Meador, Pamela Newell,
and Lynn Smith, and notify them in writing that this
has been done and that evidence of their unlawful dis-
cipline will not be used as a basis for future personnel
action against them.
(4) On request, bargain in good faith concerning
wages, hours, and other terms and conditions of em-
ployment with the Union selected by its employees as
their collective-bargaining representative.
(5) Preserve and, on request, make available to the
Board or its agents for examination and copying, all
payroll records, social security payment records, time-
cards, personnel records and reports, and all other
records necessary to analyze the amount of backpay or
other moneys due under the terms of this Order.
(6) Post at its facility operating as Carpenter Care
Center, copies of the attached notice marked ‘‘Appen-
dices 4 and 11.’’ Copies of the notice, on forms pro-
vided by the Regional Director for Region 6, after
being signed by the Respondent’s authorized represent-
ative, shall be posted by the Respondent immediately
upon receipt and maintained for 60 consecutive days in
conspicuous places including all places where notices
to employees are customarily posted. Reasonable steps
shall be taken by the Respondent to ensure that the no-
tices are not altered, defaced, or covered by any other
material.
(7) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
5. Magnolia Manor:
A. Cease and desist from
(1) Promising increased wages or benefits to induce
employees to sign a petition to decertify the Union.
892 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
(2) Circulating or causing the circulation of a decer-
tification petition.
(3) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take following affirmative action necessary to ef-
fectuate the policies of the Act.
(1) Post at its facility in Magnolia, Arkansas, oper-
ating as Magnolia Manor, copies of the attached notice
marked ‘‘Appendix 5.’’ Copies of the notice, on forms
provided by the Regional Director for Region 6, after
being signed by the Respondent’s authorized represent-
ative, shall be posted by the Respondent immediately
upon receipt and maintained for 60 consecutive days in
conspicuous places including all places where notices
to employees are customarily posted. Reasonable steps
shall be taken by the Respondent to ensure that the no-
tices are not altered, defaced, or covered by any other
material.
(2) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
6. Colonial Park Nursing Home:
A. Cease and desist from
(1) Discharging employees because of their activities
on behalf of or support for a union or their partici-
pating in other protected concerted activity.
(2) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) Offer Joyce Garmon immediate and full rein-
statement to her former position or, if that position no
longer exists, to a substantially equivalent position (at
a different facility if necessary), without prejudice to
her seniority and other rights and privileges.
(2) Make Joyce Garmon whole, commencing from
the date of her unlawful discharge, for any loss of pay
and other benefits suffered by her as a result of the
discrimination practiced against her. Backpay shall be
computed in accordance with F. W. Woolworth Co.,
90 NLRB 289 (1950), with interest computed as set
forth in New Horizons for the Retarded, 283 NLRB
1173 (1987).
(3) Remove from its files any references to the dis-
charge of Joyce Garmon and notify her in writing that
this has been done and that evidence of her unlawful
discharge will not be used as a basis for future per-
sonnel action against her.
(4) Preserve and, on request, make available to the
Board or its agents for examination and copying, all
payroll records, social security payment records, time-
cards, personnel records and reports, and all other
records necessary to analyze the amount of backpay or
other moneys due under the terms of this Order.
(5) Post at its facility in Marshall, Texas, operating
as Colonial Park Nursing Home, copies of the attached
notice marked ‘‘Appendix 6.’’ Copies of the notice, on
forms provided by the Regional Director for Region 6,
after being signed by the Respondent’s authorized rep-
resentative, shall be posted by the Respondent imme-
diately upon receipt and maintained for 60 consecutive
days in conspicuous places including all places where
notices to employees are customarily posted. Reason-
able steps shall be taken by the Respondent to ensure
that the notices are not altered, defaced, or covered by
any other material.
(6) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
7. Claystone Manor:
A. Cease and desist from
(1) Threatening employees with discharge because
of their union activity or other protected concerted ac-
tivity.
(2) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) Post at its facility in Ennis, Texas, operating as
Claystone Manor, copies of the attached notice marked
‘‘Appendix 7.’’ Copies of the notice, on forms pro-
vided by the Regional Director for Region 6, after
being signed by the Respondent’s authorized represent-
ative, shall be posted by the Respondent immediately
upon receipt and maintained for 60 consecutive days in
conspicuous places including all places where notices
to employees are customarily posted. Reasonable steps
shall be taken by the Respondent to ensure that the no-
tices are not altered, defaced, or covered by any other
material.
(2) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
9. and 10. Beverly Manor of Reading:
A. Cease and desist from
(1) Refusing to rehire employees because of their
union activity or other protected concerted activity.
(2) Unilaterally implementing changes in terms and
conditions of employment of employees without prior
notice to or affording an opportunity to bargain with
the Union selected as their collective-bargaining rep-
resentative or in retaliation for filing a grievance.
(3) Failing and refusing to supply any union rep-
resenting its employees, on request, with information
necessary and relevant to its collective-bargaining
functions.
(4) Failing and refusing to meet and bargain with a
union representing its employees concerning employ-
ees’ complaints and grievances.
893BEVERLY ENTERPRISES
(5) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) Offer Patricia Chroninger immediate and full re-
instatement to her former position or, if that position
no longer exists, to a substantially equivalent position
(at a different facility if necessary), without prejudice
to her seniority and other rights and privileges.
(2) Make Patricia Chroninger whole, commencing
from the date she was unlawfully refused rehire, for
any loss of pay and other benefits suffered by her as
a result of the discrimination practiced against her.
Backpay shall be computed in accordance with F. W.
Woolworth Co., 90 NLRB 289 (1950), with interest
computed as set forth in New Horizons for the Re-
tarded, 283 NLRB 1173 (1987).
(3) Remove from its files any references to the un-
lawful refusal to rehire Patricia Chroninger and notify
her in writing that this has been done and that evi-
dence of the unlawful refusal to rehire her will not be
used as a basis for future personnel action against her.
(4) On request, furnish to the applicable Union in-
formation that is relevant and necessary to its role as
exclusive bargaining representative of the unit employ-
ees.
(5) On request, bargain in good faith concerning
wages, hours, and other terms and conditions of em-
ployment with the Union selected by its employees as
their collective-bargaining representative.
(6) Preserve and, on request, make available to the
Board or its agents for examination and copying, all
payroll records, social security payment records, time-
cards, personnel records and reports, and other records
necessary to analyze the amount of backpay or other
moneys due under the terms of this Order.
(7) Post at its facility in Birdsboro, Pennsylvania,
operating as Beverly Manor of Reading, copies of the
attached notice marked ‘‘Appendices 9 and 11.’’ Cop-
ies of the notice, on forms provided by the Regional
Director for Region 6, after being signed by the Re-
spondent’s authorized representative, shall be posted
by the Respondent immediately upon receipt and main-
tained for 60 consecutive days in conspicuous places
including all places where notices to employees are
customarily posted. Reasonable steps shall be taken by
the Respondent to ensure that the notices are not al-
tered, defaced, or covered by any other material.
(2) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
12. Smithfield Convalescent Center:
A. Cease and desist from
(1) Forbidding or restricting the activities of em-
ployees’ union representatives in nonwork and/or non-
patient care areas.
(2) Failing and refusing to meet and bargain with a
union representing its employees concerning employ-
ees’ complaints and grievances.
(3) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) Post at its facility in Smithfield, Missouri, oper-
ating as Smithfield Convalescent Center, copies of the
attached notice marked ‘‘Appendix 12.’’ Copies of the
notice, on forms provided by the Regional Director for
Region 6, after being signed by the Respondent’s au-
thorized representative, shall be posted by the Re-
spondent immediately upon receipt and maintained for
60 consecutive days in conspicuous places including
all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Re-
spondent to ensure that the notices are not altered, de-
faced, or covered by any other material.
(2) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
13. Hillcrest Convalescent Center:
A. Cease and desist from
(1) Threatening employees with loss of benefits if
they select a union to represent them.
(2) Threatening employees with job loss if they se-
lect a union to represent them.
(3) Threatening to close or sell a facility if the em-
ployees select the Union as their collective-bargaining
representative.
(4) Threatening employees with the futility of select-
ing a union as their collective-bargaining representa-
tive.
(5) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) Post at its facility in Pasco, Washington, oper-
ating as Hillcrest Convalescent Center, copies of the
attached notice marked ‘‘Appendix 13.’’ Copies of the
notice, on forms provided by the Regional Director for
Region 6, after being signed by the Respondent’s au-
thorized representative, shall be posted by the Re-
spondent immediately upon receipt and maintained for
60 consecutive days in conspicuous places including
all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Re-
spondent to ensure that the notices are not altered, de-
faced, or covered by any other material.
894 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
(2) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
14. Duke Convalescent Center:
A. Cease and desist from
(1) Threatening employees with discharge because
of their union activity or other protected concerted ac-
tivity.
(2) Interrogating employees regarding their union
activity or the union activity of others.
(3) Creating the impression of surveillance of em-
ployees’ union activities among employees.
(4) Discharging employees because of their activities
on behalf of or support for a union or their partici-
pating in other protected concerted activity.
(5) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) Offer Lucille Lucas immediate and full reinstate-
ment to her former position or, if that position no
longer exists, to a substantially equivalent position (at
a different facility if necessary), without prejudice to
her seniority and other rights and privileges.
(2) Make Lucille Lucas whole, commencing from
the date of her unlawful discharge, for any loss of pay
and other benefits suffered by her as a result of the
discrimination practiced against her. Backpay shall be
computed in accordance with F. W. Woolworth Co.,
90 NLRB 289 (1950), with interest computed as set
forth in New Horizons for the Retarded, 283 NLRB
1173 (1987).
(3) Remove from its files any references to Lucille
Lucas’ discharge and notify her in writing that this has
been done and that evidence of her unlawful discipline
will not be used as a basis for future personnel action
against her.
(4) Preserve and, on request, make available to the
Board or its agents for examination and copying, all
payroll records, social security records, timecards, per-
sonnel records and reports, and all other records nec-
essary to analyze the amount of backpay or other mon-
eys due under the terms of this Order.
(5) Post at its facility in Lancaster, Pennsylvania,
operating as Duke Convalescent Center, copies of the
attached notice marked ‘‘Appendix 14.’’ Copies of the
notice, on forms provided by the Regional Director for
Region 6, after being signed by the Respondent’s au-
thorized representative, shall be posted by the Re-
spondent immediately upon receipt and maintained for
60 consecutive days in conspicuous places including
all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Re-
spondent to ensure that the notices are not altered, de-
faced, or covered by any other material.
(6) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
15. York Terrace Nursing Center:
A. Cease and desist from
(1) Failing and refusing to supply any union rep-
resenting its employees, on request, with information
necessary and relevant to its collective-bargaining
functions.
(2) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) On request, furnish to the applicable Union in-
formation that is relevant and necessary to its role as
exclusive bargaining representative of the unit employ-
ees.
(2) Post at its facility located at Pottsville, Pennsyl-
vania, operating as York Terrace Nursing Center, cop-
ies of the attached notice marked ‘‘Appendix 15.’’
Copies of the notice, on forms provided by the Re-
gional Director for Region 6, after being signed by the
Respondent’s authorized representative, shall be posted
by the Respondent immediately upon receipt and main-
tained for 60 consecutive days in conspicuous places
including all places where notices to employees are
customarily posted. Reasonable steps shall be taken by
the Respondent to ensure that the notices are not al-
tered, defaced, or covered by any other material.
(3) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
16. Stroud Manor:
A. Cease and desist from
(1) Failing and refusing to supply any union rep-
resenting its employees, on request, with information
necessary and relevant to its collective-bargaining
functions.
(2) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) On request, furnish to the applicable Union in-
formation that is relevant and necessary to its role as
exclusive bargaining representative of the unit employ-
ees.
(2) Post at its facility located in East Stroudsburg,
Pennsylvania, operating as Stroud Manor, copies of the
attached notice marked ‘‘Appendix 16.’’ Copies of the
notice, on forms provided by the Regional Director for
Region 6, after being signed by the Respondent’s au-
thorized representative, shall be posted by the Re-
spondent immediately upon receipt and maintained for
60 consecutive days in conspicuous places including
895BEVERLY ENTERPRISES
all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Re-
spondent to ensure that the notices are not altered, de-
faced, or covered by any other material.
(3) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
17. Meyersdale Manor:
A. Cease and desist from
(1) Threatening employees with loss of benefits if
they select a union to represent them.
(2) Threatening employees with discharge because
of their union activity or other protected concerted ac-
tivity.
(3) Threatening to close or sell a facility if the em-
ployees select the Union as their collective-bargaining
representative.
(4) Forbidding or attempting to forbid employees
from engaging in lawful solicitation or distribution on
behalf of a union on or off its property and during
nonworking time or in nonwork and/or nonpatient care
areas.
(5) Interrogating employees regarding their union
activity or the union activity of others.
(6) Engaging in surveillance of employees’ union
activities or creating the impression of such surveil-
lance among employees.
(7) Discharging employees or imposing any discipli-
nary measures on employees, including warnings, be-
cause of their activities on behalf of or support for a
union or because they engaged in other protected con-
certed activity.
(8) Unilaterally implementing changes in terms and
conditions of employment of employees without prior
notice to or affording an opportunity to bargain with
the Union selected as their collective-bargaining rep-
resentative.
(9) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) Offer Suzanne La Framboise full and immediate
reinstatement to her former position or, if that position
no longer exists, to a substantially equivalent position
(at a different facility if necessary), without prejudice
to her seniority and other rights and privileges.
(2) Make Suzanne La Framboise whole, com-
mencing from the date of her unlawful discharge, for
any loss of pay and other benefits suffered by her as
a result of the discrimination practiced against her.
Backpay shall be computed in accordance with F. W.
Woolworth Co., 90 NLRB 289 (1950), with interest
computed as set forth in New Horizons for the Re-
tarded, 283 NLRB 1173 (1987).
(3) Remove from its files any references to the dis-
charge of Suzanne La Framboise and the unlawful dis-
ciplinary actions taken against Patricia Spangler, and
notify them in writing that this has been done and that
evidence of their unlawful discipline will not be used
as a basis for future personnel action against them.
(4) Preserve and, on request, make available to the
Board or its agents for examination and copying, all
payroll records, social security payment records, time-
cards, personnel records and reports, and all other
records necessary to analyze the amount of backpay or
other moneys due under the terms of this Order.
(5) Post at its facility located in Meyersdale, Penn-
sylvania, operating as Meyersdale Manor, copies of the
attached notice marked ‘‘Appendix 17.’’ Copies of the
notice, on forms provided by the Regional Director for
Region 6, after being signed by the Respondent’s au-
thorized representative, shall be posted by the Re-
spondent immediately upon receipt and maintained for
60 consecutive days in conspicuous places including
all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Re-
spondent to ensure that the notices are not altered, de-
faced, or covered by any other material.
(6) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
18. Richland Manor:
A. Cease and desist from
(1) Threatening employees with discipline or more
onerous working conditions, and imposing such condi-
tions, because of their union activity or other protected
concerted activity.
(2) Threatening employees with loss of benefits if
they select a union to represent them.
(3) Promising increased wages or benefits to induce
employees to defeat the Union.
(4) Interrogating employees regarding their union
activity or the union activity of others.
(5) Creating the impression of surveillance of em-
ployees’ union activities among employees.
(6) Discharging employees because of their activities
on behalf of or support for a union or their partici-
pating in other protected concerted activity.
(7) Issuing less favorable performance evaluations to
employees because of their support for a union or their
participation in other protected concerted activity.
(8) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) Make Deborah Altemus whole, commencing
from the date of her unlawful discharge, for any loss
of pay and other benefits suffered by her as a result
of the discrimination practiced against her. Backpay
896 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
8 We note that this facility has been sold but the record is unclear
what, if any, provisions were made for the employees, i.e., whether
they were provided for by agreement between the Respondent and
the purchaser, transferred to or placed on preferential hiring lists at
another of the Respondent’s facilities, etc. Thus, we leave to the
compliance stage of this proceedings the matter of Bubna’s reinstate-
ment.
shall be computed in accordance with F. W. Wool-
worth Co., 90 NLRB 289 (1950), with interest com-
puted as set forth in New Horizons for the Retarded,
283 NLRB 1173 (1987).
(2) Remove from its files any references to the dis-
charge and unlawful disciplinary actions taken against
Deborah Altemus and notify her in writing that this
has been done and that evidence of her unlawful dis-
cipline will not be used as a basis for future personnel
action against her.
(3) Preserve and, on request, make available to the
Board or its agents for examination and copying, all
payroll records, social security payment records, time-
cards, personnel records and reports, and all other
records necessary to analyze the amount of backpay or
other moneys due under the terms of this Order.
(4) Post at its facility located in Johnston, Pennsyl-
vania, operating as Richland Manor, copies of the at-
tached notice marked ‘‘Appendix 18.’’ Copies of the
notice, on forms provided by the Regional Director for
Region 6, after being signed by the Respondent’s au-
thorized representative, shall be posted by the Re-
spondent immediately upon receipt and maintained for
60 consecutive days in conspicuous places including
all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Re-
spondent to ensure that the notices are not altered, de-
faced, or covered by any other material.
(5) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
19. Stenton Hall Nursing & Convalescent Center:
A. Cease and desist from
(1) Restricting the activities of employee union rep-
resentatives in nonwork and/or nonpatient care areas.
(2) Failing and refusing to bargain in good faith
with a union selected by a majority of its employees
as their collective-bargaining representative by refusing
to execute a collective-bargaining agreement.
(3) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) On request, bargain in good faith concerning
wages, hours, and other terms and conditions of em-
ployment with any union selected by its employees as
their collective-bargaining representative by executing
a negotiated collective-bargaining agreement.
(2) Post at its facility located in Philadelphia, Penn-
sylvania, operating as Stenton Hall Nursing & Con-
valescent Center, copies of the attached notice marked
‘‘Appendix 19.’’ Copies of the notice, on forms pro-
vided by the Regional Director for Region 6, after
being signed by the Respondent’s authorized represent-
ative, shall be posted by the Respondent immediately
upon receipt and maintained for 60 consecutive days in
conspicuous places including all places where notices
to employees are customarily posted. Reasonable steps
shall be taken by the Respondent to ensure that the no-
tices are not altered, defaced, or covered by any other
material.
(3) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
20. North Park Manor:
A. Cease and desist from
(1) Transferring employees to less desirable posi-
tions because of their activities on behalf of the Union.
(2) Discharging employees or imposing any discipli-
nary measures on employees including suspensions,
written warnings, or oral warnings, because of their ac-
tivities on behalf of or support for a union or their par-
ticipating in other protected concerted activity.
(3) Failing and refusing to bargain in good faith
over the effects of selling the facility with a union se-
lected by a majority of its employees as their collec-
tive-bargaining representative.
(4) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) Offer Jeraldine Bubna immediate and full rein-
statement to her former position or, if that position no
longer exists, to a substantially equivalent position (at
a different facility if necessary), without prejudice to
her seniority and other rights and privileges.8
(2) Make Jeraldine Bubna whole, commencing from
the date of her unlawful discharge, for any loss of pay
and other benefits suffered by her as a result of the
discrimination practiced against her. Backpay shall be
computed in accordance with F. W. Woolworth Co.,
90 NLRB 289 (1950), with interest computed as set
forth in New Horizons for the Retarded, 283 NLRB
1173 (1987).
(3) Remove from its files any references to the dis-
charge of Jeraldine Bubna and the unlawful discipli-
nary action taken against Joyce Kircher and notify
them in writing that this has been done and that evi-
dence of their unlawful discipline will not be used as
a basis for future personnel action against them.
(4) On request, bargain in good faith concerning
wages, hours, and other terms and conditions of em-
ployment with the Union selected by its employees as
897BEVERLY ENTERPRISES
their collective-bargaining representative over the ef-
fects the decision to sell the facility.
(5) Preserve and, on request, make available to the
Board or its agents for examination and copying, all
payroll records, social security payment records, time-
cards, personnel records and reports, and all other
records necessary to analyze the amount of backpay or
other moneys due under the terms of this Order.
(6) Mail an exact copy of the attached notice
marked ‘‘Appendix 20’’ to the Union and to all em-
ployees represented by the Union and employees of the
Respondent on September 11, 1987. Copies of the no-
tice, on forms provided by the Regional Director for
Region 6, after being signed by the Respondent’s au-
thorized representative, shall be posted by the Re-
spondent immediately upon receipt and maintained for
60 consecutive days in conspicuous places including
all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Re-
spondent to ensure that the notices are not altered, de-
faced, or covered by any other material.
(7) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
21. Greene Health Care Center:
A. Cease and desist from
(1) Failing and refusing to meet and bargain in good
faith with a union representing its employees over the
effects of its decision to sell the facility.
(2) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) On request, bargain in good faith concerning
wages, hours, and other terms and conditions of em-
ployment with the Union selected by its employees as
their collective-bargaining representative over the ef-
fects the decision to sell the facility.
(2) Mail an exact copy of the attached notice
marked ‘‘Appendix 21’’ to the Union and to all em-
ployees represented by the Union and employed by the
Respondent on September 11, 1987. Copies of the no-
tice, on forms provided by the Regional Director for
Region 6, after being signed by the Respondent’s au-
thorized representative, shall be posted by the Re-
spondent immediately upon receipt and maintained for
60 consecutive days in conspicuous places including
all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Re-
spondent to ensure that the notices are not altered, de-
faced, or covered by any other material.
(3) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
22. Four Chaplains Convalescent Center:
A. Cease and desist from
(1) Interrogating employees regarding their union
activity or the union activity of others.
(2) Engaging in surveillance of employees’ union
activities or creating the impression of such surveil-
lance among employees.
(3) Discharging employees or imposing any discipli-
nary measures on employees, including suspensions
and warnings, because of their activities on behalf of
or support for a union or their participating in other
protected concerted activity.
(4) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) Offer Precious Beasley immediate and full rein-
statement to her former position or, if that position no
longer exists, to a substantially equivalent position (at
a different facility if necessary), without prejudice to
her seniority or other rights and privileges.
(2) Make Precious Beasley and Leonette Curry
whole, commencing from the date of their unlawful
discharge or suspension, respectively, for any loss of
pay and other benefits suffered by them as a result of
the discrimination practiced against them. Backpay
shall be computed in accordance with F. W. Wool-
worth Co., 90 NLRB 289 (1950), with interest com-
puted as set forth in New Horizons for the Retarded,
283 NLRB 1173 (1987).
(3) Remove from its files any references to the dis-
charge of Precious Beasley and the unlawful discipli-
nary action taken against Leonette Curry and notify
them in writing that this has been done and that evi-
dence of their unlawful discipline will not be used as
a basis for future personnel action against them.
(4) Preserve and, on request, make available to the
Board or its agents for examination and copying, all
payroll records, social security payment records, time-
cards, personnel records and reports, and all other
records necessary to analyze the amount of backpay or
other moneys due under the terms of this Order.
(5) Post at its facility located in Westland, Michigan,
operating as Four Chaplains Convalescent Center, cop-
ies of the attached notice marked ‘‘Appendix 22.’’
Copies of the notice, on forms provided by the Re-
gional Director for Region 6, after being signed by the
Respondent’s authorized representative, shall be posted
by the Respondent immediately upon receipt and main-
tained for 60 consecutive days in conspicuous places
including all places where notices to employees are
customarily posted. Reasonable steps shall be taken by
the Respondent to ensure that the notices are not al-
tered, defaced, or covered by any other material.
898 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
(6) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
IT IS FURTHER ORDERED that the representation elec-
tion be set aside and that a new election be ordered
and conducted by the Regional Director for Region 7
whenever he deems it appropriate.
23. Adrian Health Care Center:
A. Cease and desist from
(1) Discharging employees because of their activities
on behalf of or support for a union or their partici-
pating in other protected concerted activity.
(2) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) Offer Kim King immediate and full reinstate-
ment to her former position or, if that position no
longer exists, to a substantially equivalent position (at
a different facility if necessary), without prejudice to
her seniority and other rights and privileges.
(2) Make Kim King whole, commencing from the
date of her unlawful discharge, for any loss of pay and
other benefits suffered by her as a result of the dis-
crimination practiced against her. Backpay shall be
computed in accordance with F. W. Woolworth Co.,
90 NLRB 289 (1950), with interest computed as set
forth in New Horizons for the Retarded, 283 NLRB
1173 (1987).
(3) Remove from its files any references to the dis-
charge of Kim King and notify her in writing that this
has been done and that evidence of her unlawful dis-
cipline will not be used as a basis for future personnel
action against her.
(4) Preserve and, on request, make available to the
Board or its agents for examination and copying, all
payroll records, social security payment records, time-
cards, personnel records and reports, and all other
records necessary to analyze the amount of backpay or
other moneys due under the terms of this Order.
(5) Post at its facility located in Adrian, Michigan,
operating as Adrian Health Care Center, copies of the
attached notice marked ‘‘Appendix 23.’’ Copies of the
notice, on forms provided by the Regional Director for
Region 6, after being signed by the Respondent’s au-
thorized representative, shall be posted by the Re-
spondent immediately upon receipt and maintained for
60 consecutive days in conspicuous places including
all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Re-
spondent to ensure that the notices are not altered, de-
faced, or covered by any other material.
(6) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
24. Provincial House Total Living Center:
A. Cease and desist from
(1) Threatening employees with more onerous work-
ing conditions because of their union activity or other
protected concerted activity.
(2) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) Post at its facility located in Kalamazoo, Michi-
gan, operating as Provincial House Total Living Cen-
ter, copies of the attached notice marked ‘‘Appendix
24.’’ Copies of the notice, on forms provided by the
Regional Director for Region 6, after being signed by
the Respondent’s authorized representative, shall be
posted by the Respondent immediately upon receipt
and maintained for 60 consecutive days in conspicuous
places including all places where notices to employees
are customarily posted. Reasonable steps shall be taken
by the Respondent to ensure that the notices are not
altered, defaced, or covered by any other material.
(2) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
25. Faith Haven Care Center:
A. Cease and desist from
(1) Threatening employees with discipline or more
onerous working conditions, and imposing such condi-
tions, because of their union activity or other protected
concerted activity.
(2) Threatening employees with loss of benefits if
they select a union to represent them.
(3) Interrogating employees regarding their union
activity or the union activity of others.
(4) Engaging in or soliciting others to engage in sur-
veillance of employees’ union activities or creating the
impression of such surveillance among employees.
(5) Discharging employees or imposing any discipli-
nary measures on employees because of their activities
on behalf of or support for a union or their partici-
pating in their protected concerted activity.
(6) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) Offer Yvonne Murine immediate and full rein-
statement to her former position or, if that position no
longer exists, to a substantially equivalent position (at
a different facility if necessary), without prejudice to
her seniority and other rights and privileges.
(2) Make Yvonne Murine whole, commencing from
the date of her unlawful discharge, for loss of pay and
other benefits suffered by her as a result of the dis-
crimination practiced against her. Backpay shall be
899BEVERLY ENTERPRISES
computed in accordance with F. W. Woolworth Co.,
90 NLRB 289 (1950), with interest computed as set
forth in New Horizons for the Retarded, 283 NLRB
1173 (1987).
(3) Remove from its files any reference to the dis-
charge of Yvonne Murine and notify her in writing
that this has been done and that evidence of her unlaw-
ful discipline will not be used as a basis for future per-
sonnel action against her.
(4) Preserve and, on request, make available to the
Board or its agents for examination and copying, all
payroll records, social security payment records, time-
cards, personnel records and reports, and all other
records necessary to analyze the amount of backpay or
other moneys due under the terms of this Order.
(5) Post at its facility in Jackson, Michigan, oper-
ating as Faith Haven Care Center, copies of the at-
tached notice marked ‘‘Appendix 25.’’ Copies of the
notice, on forms provided by the Regional Director for
Region 6, after being signed by the Respondent’s au-
thorized representative, shall be posted by the Re-
spondent immediately upon receipt and maintained for
60 consecutive days in conspicuous places including
all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Re-
spondent to ensure that the notices are not altered, de-
faced, or covered by any other material.
(6) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
26. Sherman Oaks Care Center:
A. Cease and desist from
(1) Failing and refusing to supply any union rep-
resenting its employees, on request, with information
necessary and relevant to its collective-bargaining
functions.
(2) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) On request, furnish to the applicable Union in-
formation that is relevant and necessary to its role as
exclusive bargaining representative of the unit employ-
ees.
(2) Post at its facility in Muskegon, Michigan, oper-
ating as Sherman Oaks Care Center, copies of the at-
tached notice marked ‘‘Appendix 26.’’ Copies of the
notice, on forms provided by the Regional Director for
Region 6, after being signed by Respondent’s author-
ized representative, shall be posted by the Respondent
immediately upon receipt and maintained for 60 con-
secutive days in conspicuous places including all
places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Re-
spondent to ensure that the notices are not altered, de-
faced, or covered by any other material.
(3) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
27. East Village Nursing Home:
A. Cease and desist from
(1) Failing and refusing to supply any union rep-
resenting its employees, on request, with information
necessary and relevant to its collective-bargaining
functions.
(2) Discharging employees or imposing any discipli-
nary measures on employees because of their activities
on behalf of or support for a union or their partici-
pating in their protected concerted activity.
(3) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) Offer Elias Pierre and Nicole Pierre immediate
and full reinstatement to their former positions or, if
those positions no longer exist, to substantially equiva-
lent positions (at different facilities if necessary), with-
out prejudice to their seniority and other rights and
privileges.
(2) Make Elias Pierre and Nicole Pierre whole, com-
mencing from the date of their unlawful discharges, for
loss of pay and other benefits suffered by them as a
result of the discrimination practiced against them.
Backpay shall be computed in accordance with F. W.
Woolworth Co., 90 NLRB 289 (1950), with interest
computed as set forth in New Horizons for the Re-
tarded, 283 NLRB 1173 (1987).
(3) Remove from its files any references to the dis-
charges of Elias Pierre and Nicole Pierre and the un-
lawful discipline of Immacula Joseph and notify them
in writing that this has been done and that evidence of
their unlawful discipline will not be used as a basis for
future personnel action against them.
(4) On request, furnish to the applicable Union in-
formation that is relevant and necessary to its role as
exclusive bargaining representative of the unit employ-
ees.
(5) Preserve and, on request, make available to the
Board or its agents for examination and copying, all
payroll records, social security payment records, time-
cards, personnel records and reports, and all other
records necessary to analyze the amount of backpay or
other moneys due under the terms of this Order.
(6) Post at its facility in Lexington, Massachusetts,
operating as East Village Nursing Home, copies of the
attached notice marked ‘‘Appendix 27.’’ Copies of the
notice, on forms provided by the Regional Director for
Region 6, after being signed by the Respondent’s au-
thorized representative, shall be posted by the Re-
900 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
spondent immediately upon receipt and maintained for
60 consecutive days in conspicuous places including
all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Re-
spondent to ensure that the notices are not altered, de-
faced, or covered by any other material.
(7) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
28. Ridgewood Court Nursing Home:
A. Cease and desist from
(1) Forbidding or attempting to forbid employees
from engaging in lawful solicitation or distribution on
behalf of a union on or off its property and during
nonworking time or in nonwork and/or nonpatient care
areas.
(2) Interrogating employees regarding their union
activity or the union activity of others.
(3) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) Post at its facility in Attleboro, Massachusetts,
operating as Ridgewood Court Nursing Home, copies
of the attached notice marked ‘‘Appendix 28.’’ Copies
of the notice, on forms provided by the Regional Di-
rector for Region 6, after being signed by the Re-
spondent’s authorized representative, shall be posted
by the Respondent immediately upon receipt and main-
tained for 60 consecutive days in conspicuous places
including all places where notices to employees are
customarily posted. Reasonable steps shall be taken by
the Respondent to ensure that the notices are not al-
tered, defaced, or covered by any other material.
(2) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
29. Torrington Extend-A-Care:
A. Cease and desist from
(1) Failing and refusing to supply any union rep-
resenting its employees, on request, with information
necessary and relevant to its collective-bargaining
functions.
(2) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) On request, furnish to the applicable Union in-
formation that is relevant and necessary to its role as
exclusive bargaining representative of the unit employ-
ees.
(2) Post at its facility in Torrington, Connecticut, op-
erating as Torrington Extend-A-Care, copies of the at-
tached notice marked ‘‘Appendix 29.’’ Copies of the
notice, on forms provided by the Regional Director for
Region 6, after being signed by the Respondent’s au-
thorized representative, shall be posted by the Re-
spondent immediately upon receipt and maintained for
60 consecutive days in conspicuous places including
all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Re-
spondent to ensure that the notices are not altered, de-
faced, or covered by any other material.
(3) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
30. Pond Point Convalescent Home:
A. Cease and desist from
(1) Threatening employees with discharges because
of their union activity or other protected concerted ac-
tivity.
(2) Discharging employees because of their activities
on behalf of or support for a union or their partici-
pating in other protected concerted activity.
(3) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) Offer Vicky Buker immediate and full reinstate-
ment to her former position or, if that position no
longer exists, to a substantially equivalent position (at
a different facility if necessary), without prejudice to
her seniority and other rights and privileges.
(2) Make Vicky Buker whole, commencing from the
date of her unlawful discharge, for loss of pay and
other benefits suffered by her as a result of the dis-
crimination practiced against her. Backpay shall be
computed in accordance with F. W. Woolworth Co.,
90 NLRB 289 (1950), with interest computed as set
forth in New Horizons for the Retarded, 283 NLRB
1173 (1987).
(3) Remove from its files any reference to the dis-
charge of Vicky Buker and notify her in writing that
this has been done and that evidence of her unlawful
discipline will not be used as a basis for future per-
sonnel action against her.
(4) Preserve and, on request, make available to the
Board or its agents for examination and copying, all
payroll records, social security payment records, time-
cards, personnel records and reports, and all other
records necessary to analyze the amount of backpay or
other moneys due under the terms of this Order.
(5) Post at its facility in Milford, Connecticut, oper-
ating as Pond Point Convalescent Home, copies of the
attached notice marked ‘‘Appendix 30.’’ Copies of the
notice, on forms provided by the Regional Director for
Region 6, after being signed by the Respondent’s au-
thorized representative, shall be posted by the Re-
spondent immediately upon receipt and maintained for
901BEVERLY ENTERPRISES
60 consecutive days in conspicuous places including
all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Re-
spondent to ensure that the notices are not altered, de-
faced, or covered by any other material.
(6) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
31. Golden Rule Nursing Home:
A. Cease and desist from
(1) Threatening to withhold a wage increase because
employees selected the Union as their collective-bar-
gaining representative.
(2) Promising increased wages or benefits to induce
employees to decertify the Union, or otherwise inviting
employees to decertify the Union.
(3) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) Post at its facility in Richmond, Indiana, oper-
ating as Golden Rule Nursing Home, copies of the at-
tached notice marked ‘‘Appendix 31.’’ Copies of the
notice, on forms provided by the Regional Director for
Region 6, after being signed by the Respondent’s au-
thorized representative, shall be posted by the Re-
spondent immediately upon receipt and maintained for
60 consecutive days in conspicuous places including
all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Re-
spondent to ensure that the notices are not altered, de-
faced, or covered by any other material.
(2) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
32. Belleville Nursing Home:
A. Cease and desist from
(1) Imposing any disciplinary measures on employ-
ees because of their activities on behalf of or support
for a union or their participating in other protected
concerted activity.
(2) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) Remove from its files any reference to the un-
lawful disciplinary action taken against Malcom Camp-
bell and notify him in writing that this has been done
and that evidence of his unlawful discipline will not be
used as a basis for future personnel action against him.
(2) Post at its facility in Belleville, Illinois, oper-
ating as Belleville Nursing Home, copies of the at-
tached notice marked ‘‘Appendix 32.’’ Copies of the
notice, on forms provided by the Regional Director for
Region 6, after being signed by the Respondent’s au-
thorized representative, shall be posted by the Re-
spondent immediately upon receipt and maintained for
60 consecutive days in conspicuous places including
all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Re-
spondent to ensure that the notices are not altered, de-
faced, or covered by any other material.
(3) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
33. Ridgeview Manor Nursing Home:
A. Cease and desist from
(1) Discharging employees or refusing to permit em-
ployees to return from a leave of absence because of
their activities on behalf of or support for a union or
their participating in other protected concerted activity.
(2) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) Offer Shirley Niswonger immediate and full re-
instatement to her former position or, if that position
no longer exists, to a substantially equivalent position
(at a different facility if necessary), without prejudice
to her seniority and other rights and privileges.
(2) Make Shirley Niswonger and Charisse Bryant
whole, commencing from the date of their unlawful
discharge or refusal to permit a return from a leave of
absence, respectively, for any loss of pay and other
benefits suffered by them as a result of the discrimina-
tion practiced against them. Backpay shall be com-
puted in accordance with F. W. Woolworth Co., 90
NLRB 289 (1950), with interest computed as set forth
in New Horizons for the Retarded, 283 NLRB 1173
(1987).
(3) Remove from its files any references to the dis-
charge or refusal to permit a return from leave of ab-
sence of Shirley Niswonger and Charisse Bryant, re-
spectively, and notify them in writing that this has
been done and that evidence of their unlawful dis-
cipline will not be used as a basis for future personnel
action against them.
(4) Preserve and, on request, make available to the
Board or its agents for examination and copying, all
payroll records, social security payment records, time-
cards, personnel records and reports, and all other
records necessary to analyze the amount of backpay or
other moneys due under the terms of this Order.
(5) Post at its facility in Maldin, Missouri, operating
as Ridgeview Manor Nursing Home, copies of the at-
tached notice marked ‘‘Appendix 33.’’ Copies of the
notice, on forms provided by the Regional Director for
Region 6, after being signed by the Respondent’s au-
thorized representative, shall be posted by the Re-
902 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
spondent immediately upon receipt and maintained for
60 consecutive days in conspicuous places including
all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Re-
spondent to ensure that the notices are not altered, de-
faced, or covered by any other material.
(6) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
34. Sycamore Village Nursing Home:
A. Cease and desist from
(1) Discharging employees or imposing any discipli-
nary measures on employees including suspensions be-
cause of their activities on behalf of or support for a
union or their participating in other protected concerted
activity.
(2) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) Offer Janet Glenn, Debra Wiley, and Maggie
Roper immediate and full reinstatement to their former
positions or, if those positions no longer exist, to sub-
stantially equivalent positions (at different facilities if
necessary), without prejudice to their seniority and
other rights and privileges.
(2) Make Janet Glenn, Debra Wiley, and Maggie
Roper whole, commencing from the date of their un-
lawful discharge or suspension as the case may be, for
any loss of pay and other benefits suffered by them as
a result of the discrimination practiced against them.
Backpay shall be computed in accordance with F. W.
Woolworth Co., 90 NLRB 289 (1950), with interest
computed as set forth in New Horizons for the Re-
tarded, 283 NLRB 1173 (1987).
(3) Remove from its files any references to the sus-
pensions and discharges of Janet Glenn, Debra Wiley,
and Maggie Roper, and notify them in writing that this
has been done and that evidence of their unlawful dis-
cipline will not be used as a basis for future personnel
action against them.
(4) Preserve and, on request, make available to the
Board or its agents for examination and copying, all
payroll records, social security payment records, time-
cards, personnel records and reports, and all other
records necessary to analyze the amount of backpay or
other moneys due under the terms of this Order.
(5) Post at its facility in Kokomo, Indiana, operating
as Sycamore Village Nursing Home, copies of the at-
tached notice marked ‘‘Appendix 34.’’ Copies of the
notice, on forms provided by the Regional Director for
Region 6, after being signed by the Respondent’s au-
thorized representative, shall be posted by the Re-
spondent immediately upon receipt and maintained for
60 consecutive days in conspicuous places including
all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Re-
spondent to ensure that the notices are not altered, de-
faced, or covered by any other material.
(6) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
36. Parkview Manor Nursing Home:
A. Cease and desist from
(1) Threatening to withhold a wage increase if em-
ployees selected the Union as their collective-bar-
gaining representative.
(2) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) Post at its facility located in St. Paul, Minnesota,
operating as Parkview Manor Nursing Home, copies of
the attached notice marked ‘‘Appendix 36.’’ Copies of
the notice, on forms provided by the Regional Director
for Region 6, after being signed by the Respondent’s
authorized representative, shall be posted by the Re-
spondent immediately upon receipt and maintained for
60 consecutive days in conspicuous places including
all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Re-
spondent to ensure that the notices are not altered, de-
faced, or covered by any other material.
(2) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
IT IS FURTHER ORDERED that the representation elec-
tion be set aside and that a new election be ordered
and conducted by the Regional Director for Region 30
whenever he deems it appropriate.
37. Parkview Gardens Care Center:
A. Cease and desist from
(1) Unilaterally implementing terms and conditions
of employment different from those contained in the
final offer following impasse in bargaining.
(2) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
B. Take the following affirmative action necessary
to effectuate the policies of the Act.
(1) Make whole those employees adversely affected
by the unlawful implementation of the vacation buyout
program as set forth in Ogle Protection Service, 183
NLRB 682 (1970), enfd. 444 F.2d 502 (6th Cir. 1971),
with interest computed in the manner set forth in New
Horizons for the Retarded, 283 NLRB 1173 (1987).
(2) Preserve and, on request, make available to the
Board or its agents for examination and copying, all
payroll records, social security payment records, time-
cards, personnel records and reports, and all other
903BEVERLY ENTERPRISES
records necessary to analyze the amount of backpay or
other moneys due under the terms of this Order.
(3) Post at its facility located in Waterloo, Iowa, op-
erating as Parkview Gardens Care Center, copies of the
attached notice marked ‘‘Appendix 37.’’ Copies of the
notice, on forms provided by the Regional Director for
Region 6, after being signed by the Respondent’s au-
thorized representative, shall be posted by the Re-
spondent immediately upon receipt and maintained for
60 consecutive days in conspicuous places including
all places where notices to employees are customarily
posted. Reasonable steps shall be taken by the Re-
spondent to ensure that the notices are not altered, de-
faced, or covered by any other material.
(4) Notify the Regional Director in writing within
20 days from the date of this Order what steps the Re-
spondent has taken to comply.
APPENDIX 1
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT threaten employees with discipline or
more onerous working conditions, or impose such con-
ditions, because of their union activity or other pro-
tected concerted activity.
WE WILL NOT forbid or attempt to forbid employees
from engaging in lawful solicitation or distribution on
behalf of a union on or off our property and during
nonworking time or in nonwork and/or nonpatient care
areas.
WE WILL NOT create the impression of surveillance
of employees’ union activities among employees.
WE WILL NOT reprimand employees because of their
activities on behalf of or support for a union or be-
cause they engaged in other protected concerted activ-
ity.
WE WILL NOT fail or refuse to bargain in good faith
with a union selected by a majority of our employees
as their collective-bargaining representative.
WE WILL NOT unilaterally implement changes in
terms and conditions of employment of employees
without prior notice to or affording an opportunity to
bargain with the Union selected as their collective-bar-
gaining representative.
WE WILL NOT fail or refuse to meet and bargain
with a union representing our employees concerning
employees’ complaints and grievances.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
WE WILL remove from our files references to the
disciplining of Josephine Belice and Debbie Savelli
and notify them in writing that this has been done and
that evidence of their unlawful discipline will not be
used as a basis for future personnel action against
them.
WE WILL, on request, bargain in good faith con-
cerning wages, hours, and other terms and conditions
of employment with the Union selected by our em-
ployees as their collective-bargaining representative.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS BEVERLY MANOR OF MONROE-
VILLE
APPENDIX 2
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT threaten employees with discipline or
more onerous working conditions because of their
union activity or other protected concerted activity.
904 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
WE WILL NOT threaten employees with loss of bene-
fits if they select a union to represent them.
WE WILL NOT threaten employees with discharge be-
cause of their union activity or other protected con-
certed activity.
WE WILL NOT threaten employees with reprisal for
testifying at a Board hearing.
WE WILL NOT forbid or attempt to forbid employees
from wearing union identification or from engaging in
lawful solicitation or distribution on behalf of a union
on or off our property and during nonworking time or
in nonwork and/or nonpatient care areas.
WE WILL NOT discharge employees or impose any
disciplinary measures on employees because of their
activities on behalf of or support for a union or be-
cause they engaged in other protected concerted activ-
ity.
WE WILL NOT issue employees less favorable per-
formance evaluations because of their support for or
activities on behalf of a union.
WE WILL NOT fail or refuse to bargain in good faith
with a union selected by a majority of our employees
as their collective-bargaining representative.
WE WILL NOT unilaterally implement changes in
terms and conditions of employment of employees
without prior notice to or affording an opportunity to
bargain with the Union selected as their collective-bar-
gaining representative.
WE WILL NOT fail or refuse to meet and bargain
with a union representing our employees concerning
employees’ complaints and grievances.
WE WILL NOT assault union representatives, dele-
gates, or stewards.
WE WILL NOT in any other manner interfere with,
restrain, or coerce you in the exercise of the rights
guaranteed you by Section 7 of the Act.
WE WILL make whole the 17 employees unlawfully
discharged on September 15, 1986, but later rehired for
any loss of pay and other benefits suffered by them
commencing from the date of their unlawful discharge
plus interest.
WE WILL remove from our files references to the
discharges of the 17 employees discharged on Sep-
tember 15, 1986, and the disciplining of Joann Clingan
and notify them in writing that this has been done and
that evidence of their unlawful discharges or discipline
will not be used as a basis for future personnel action
against them.
WE WILL, on request, bargain in good faith con-
cerning wages, hours, and other terms and conditions
of employment with the Union selected by our em-
ployees as their collective-bargaining representative.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS FAYETTE HEALTH CARE CENTER
APPENDIX 3
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT threaten employees with discipline or
more onerous working conditions, or impose such con-
ditions, because of their union activity or other pro-
tected concerted activity.
WE WILL NOT threaten employees with loss of bene-
fits if they select a union to represent them.
WE WILL NOT threaten to withhold a wage increase
because employees selected the Union as their collec-
tive-bargaining representative.
WE WILL NOT forbid or attempt to forbid employees
from engaging in lawful solicitation or distribution on
behalf of a union on or off our property and during
nonworking time or in nonwork and/or nonpatient care
areas.
WE WILL NOT interrogate employees with regard to
their union activity or the union activity of others.
WE WILL NOT create the impression of surveillance
of employees’ union activities among employees.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS MOUNT LEBANON MANOR CON-
VALESCENT CENTER
905BEVERLY ENTERPRISES
APPENDICES 4 AND 11
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT threaten employees that if they en-
gage in a strike, they will not be permitted to visit
close relatives who are residents at the facility.
WE WILL NOT interrogate employees with regard to
their union activity or the union activity of others.
WE WILL NOT create the impression of surveillance
of employees’ union activities among employees.
WE WILL NOT discharge employees or impose any
disciplinary measures on employees including suspen-
sions, written warnings, or oral warnings, because of
their activities on behalf of or support for a union or
because they engaged in other protected concerted ac-
tivity.
WE WILL NOT fail or refuse to bargain in good faith
with a union selected by a majority of our employees
as their collective-bargaining representative by, among
other things, dealing directly with represented employ-
ees.
WE WILL NOT unilaterally implement changes in
terms and conditions of employment of employees
without prior notice to or affording an opportunity to
bargain with the Union selected as their collective-bar-
gaining representative.
WE WILL NOT in any other manner interfere with,
restrain, or coerce you in the exercise of the rights
guaranteed you by Section 7 of the Act.
WE WILL offer Erika Evans immediate and full rein-
statement to her former position or, if that position no
longer exits, to a substantially equivalent position (at
a different facility if necessary), without prejudice to
her seniority and other rights and privileges.
WE WILL make Erika Evans and Marie Meador
whole for any loss of pay and other benefits suffered
by them commencing from the date of their unlawful
discharge or suspension, as the case may be, plus inter-
est.
WE WILL remove from our files any references to
the discharge of Erika Evans and the disciplining of
Marie Meador, Pamela Newell, and Lynn Smith and
notify them in writing that this has been done and that
evidence of their unlawful discipline will not be used
as a basis for future personnel action against them.
WE WILL, on request, bargain in good faith con-
cerning wages, hours, and other terms and conditions
of employment with the Union selected by our em-
ployees as their collective-bargaining representative.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS CARPENTER CARE CENTER
APPENDIX 5
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT promise increased benefits to induce
employees to sign a petition to decertify the Union.
WE WILL NOT circulate or cause to be circulated a
petition to decertify the Union.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS MAGNOLIA MANOR
906 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
APPENDIX 6
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT discharge employees because of their
activities on behalf of or support for a union or be-
cause they engaged in other protected concerted activ-
ity.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
WE WILL offer Joyce Garmon immediate and full re-
instatement to her former position or, if that position
no longer exists, to a substantially equivalent position
(at a different facility if necessary), without prejudice
to her seniority and other rights and privileges.
WE WILL make Joyce Garmon whole for any loss of
pay and other benefits suffered by her commencing
from the date of her unlawful discharge, plus interest.
WE WILL remove from our files any references to
the discharge of Joyce Garmon and notify her in writ-
ing that this has been done and that evidence of her
unlawful discharge will not be used as a basis for fu-
ture personnel action against her.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS COLONIAL PARK NURSING HOME
APPENDIX 7
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT threaten employees with discharge be-
cause of their union activity or other protected con-
certed activity.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS CLAYSTONE MANOR
APPENDICES 9 AND 10
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
907BEVERLY ENTERPRISES
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT refuse to rehire employees because of
their union activity or other protected concerted activ-
ity.
WE WILL NOT unilaterally implement changes in
terms and conditions of employment of employees
without prior notice to or affording an opportunity to
bargain with the Union selected as their collective-bar-
gaining representative or in retaliation for filing a
grievance.
WE WILL NOT fail or refuse to supply any union rep-
resenting our employees, on request, with information
necessary and relevant to its collective-bargaining
functions.
WE WILL NOT fail or refuse to meet and bargain
with a union representing our employees concerning
employees’ complaints and grievances.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
WE WILL offer Patricia Chroninger immediate and
full reinstatement to her former position or, if that po-
sition no longer exists, to a substantially equivalent po-
sition (at a different facility if necessary), without prej-
udice to her seniority and other rights and privileges.
WE WILL make Patricia Chroninger whole for any
loss of pay and other benefits suffered by her com-
mencing from the date of our unlawful refusal to rehire
her, plus interest.
WE WILL remove from our files any reference to our
unlawful refusal to rehire Patricia Chroninger and no-
tify her in writing that this has been done and that evi-
dence of the unlawful refusal to rehire her will not be
used as a basis for future personnel action against her.
WE WILL, on request, furnish to the applicable
Union information that is relevant and necessary to its
role as exclusive bargaining representative of the unit
employees.
WE WILL, on request, bargain in good faith con-
cerning wages, hours, and other terms and conditions
of employment with the Union selected by our em-
ployees as their collective-bargaining representative.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS BEVERLY MANOR OF READING
APPENDIX 12
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT forbid or restrict the activities of em-
ployees’ union representatives in nonwork and/or non-
patient care areas.
WE WILL NOT fail or refuse to meet and bargain
with a union representing our employees concerning
employees’ complaints and grievances.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS SMITHFIELD CONVALESCENT
CENTER
APPENDIX 13
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
908 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT tell employees that it is futile for
them to select a union as their collective-bargaining
representative.
WE WILL NOT threaten employees with loss of bene-
fits if they select a union to represent them.
WE WILL NOT threaten employees with job loss if
they select a union to represent them.
WE WILL NOT threaten to close or sell the facility
if employees select a union to represent them.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS HILLCREST CONVALESCENT CEN-
TER
APPENDIX 14
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT threaten employees with discharge be-
cause of their union activity or other protected con-
certed activity.
WE WILL NOT interrogate employees regarding their
union activity or the union activity of others.
WE WILL NOT create the impression of surveillance
of employees’ union activities among employees.
WE WILL NOT discharge employees because of their
activities on behalf of or support for a union or be-
cause they engaged in other protected concerted activ-
ity.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
WE WILL offer Lucille Lucas immediate and full re-
instatement to her former position or, if that position
no longer exists, to a substantially equivalent position
(at a different facility if necessary), without prejudice
to her seniority and other rights and privileges.
WE WILL make Lucille Lucas whole for any loss of
pay and other benefits suffered by her commencing
from that the date of her unlawful discharge, plus in-
terest.
WE WILL remove from our files any references to
the discharge of Lucille Lucas and notify her in writ-
ing that this has been done and that evidence of her
unlawful discipline will not be used as a basis for fu-
ture personnel action against her.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS DUKE CONVALESCENT CENTER
APPENDIX 15
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT fail or refuse to supply any union rep-
resenting our employees, on request, with information
necessary and relevant to its collective-bargaining
functions.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
WE WILL, on request, furnish to the applicable
Union information that is relevant and necessary to its
909BEVERLY ENTERPRISES
role as exclusive bargaining representative of the unit
employees.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS YORK TERRACE NURSING CEN-
TER
APPENDIX 16
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT fail or refuse to supply any union rep-
resenting our employees, on request, with information
necessary and relevant to its collective-bargaining
functions.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
WE WILL, on request, furnish to the applicable
Union information that is relevant and necessary to its
role as exclusive bargaining representative of the unit
employees.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS STROUD MANOR
APPENDIX 17
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT threaten employees with discharge be-
cause of their union activity or other protected con-
certed activity.
WE WILL NOT threaten employees with loss of bene-
fits if they select a union to represent them.
WE WILL NOT forbid or attempt to forbid employees
from engaging in lawful solicitation or distribution on
behalf of a union on or off our property and during
nonworking time or in nonwork and/or nonpatient care
areas.
WE WILL NOT interrogate employees regarding their
union activity or the union activity of others.
WE WILL NOT engage in surveillance of employees’
union activities or create the impression of such sur-
veillance among employees.
WE WILL NOT discharge employees or impose any
disciplinary measures on employees, including warn-
ings, because of their activities on behalf of or support
for a union or because they engaged in other protected
concerted activity.
WE WILL NOT unilaterally implement changes in
terms and conditions of employment of employees
without prior notice to or affording an opportunity to
bargain with the Union selected as their collective-bar-
gaining representative.
WE WILL NOT threaten to close or sell the facility
if the employees select a union as their collective-bar-
gaining representative.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
WE WILL offer Suzanne La Framboise immediate
and full reinstatement to her former position or, if that
910 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
position no longer exists, to a substantially equivalent
position (at a different facility if necessary), without
prejudice to her seniority and other rights and privi-
leges.
WE WILL make Suzanne La Framboise whole for
any loss of pay and other benefits suffered by her
commencing from the date of her unlawful discharge,
plus interest.
WE WILL remove from our files any references to
the discharge of Suzanne La Framboise and the dis-
ciplining of Patricia Spangler and notify them in writ-
ing that this has been done and that evidence of their
unlawful discipline will not be used as a basis for fu-
ture personnel action against them.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS MEYERSDALE MANOR
APPENDIX 18
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT threaten employees with discipline or
more onerous working conditions, or impose such con-
ditions, because of their union activity or other pro-
tected concerted activity.
WE WILL NOT threaten employees with loss of bene-
fits if they select a union to represent them.
WE WILL NOT interrogate employees regarding their
union activity or the union activity of others.
WE WILL NOT create the impression of surveillance
of employees’ union activities among employees.
WE WILL NOT discharge employees because of their
activities on behalf of or support for a union or be-
cause they engaged in other protected concerted activ-
ity.
WE WILL NOT issue employees less favorable per-
formance evaluations because of their support for or
activities on behalf of a union.
WE WILL NOT promise employees wage increases or
other benefits if they do not select the Union as their
collective-bargaining representative.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
WE WILL make Deborah Altemus whole for any loss
of pay and other benefits suffered by her commencing
from the date of her unlawful discharge, plus interest.
WE WILL remove from our files any references to
the discharge of Deborah Altemus and notify her in
writing that this has been done and that evidence of
her unlawful discipline will not be used as a basis for
future personnel action against her.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS RICHLAND MANOR
APPENDIX 19
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT fail or refuse to bargain in good faith
with a union selected by a majority of our employees
as their collective-bargaining representative by refusing
to execute a collective-bargaining agreement.
WE WILL NOT restrict the activities of employee
union representatives in nonwork and/or nonpatient
care areas.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
911BEVERLY ENTERPRISES
* We acknowledge that the Employer sold this facility as of De-
cember 1987, but the record is unclear as to whether the employees
were provided for in the agreement for sale, i.e., placed on pref-
erential hiring lists, transferred, etc. Thus, we leave to compliance
whether and to what extent Bubna is entitled to reinstatement.
WE WILL, on request, bargain in good faith con-
cerning wages, hours, and other terms and conditions
of employment with any union selected by our em-
ployees as their collective-bargaining representative by
executing a negotiated collective-bargaining agreement.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS STENTON HALL NURSING &
CONVALESCENT CENTER
APPENDIX 20
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT transfer employees to less desirable
positions because of their activities on behalf of the
Union.
WE WILL NOT discharge employees or impose any
disciplinary measures on employees including suspen-
sions, written warnings, or oral warnings, because of
their activities on behalf of or support for a union or
because they engaged in other protected concerted ac-
tivity.
WE WILL NOT fail or refuse to bargain in good faith
over the effects of selling the facility with a union se-
lected by a majority of our employees as their collec-
tive-bargaining representative.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
WE WILL offer Jeraldine Bubna immediate and full
reinstatement to her former position or, if that position
no longer exists, to a substantially equivalent position
(at a different facility if necessary), without prejudice
to her seniority and other rights and privileges.*
WE WILL make Jeraldine Bubna whole for any loss
of pay and other benefits suffered by her commencing
from the date of her unlawful discharge, plus interest.
WE WILL remove from our files any references to
the discharge of Jeraldine Bubna and the unlawful dis-
cipline of Joyce Kircher and notify them in writing
that this has been done and that evidence of their un-
lawful discipline will not be used as a basis for future
personnel action against them.
WE WILL, on request, bargain in good faith con-
cerning the effects of closing the facility with any
union selected by our employees as their collective-
bargaining representative.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS NORTH PARK MANOR
APPENDIX 21
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT fail or refuse to meet and bargain in
good faith over the effects of selling the facility with
a union selected by a majority of our employees as
their collective-bargaining representative.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
912 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
WE WILL, on request, bargain in good faith con-
cerning the effects of selling the facility with any
union selected by our employees as their collective-
bargaining representative.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS GREENE HEALTH CARE CENTER
APPENDIX 22
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT interrogate employees regarding their
union activity or the union activity of others.
WE WILL NOT engage in surveillance of employees’
union activities or create the impression of such sur-
veillance among employees.
WE WILL NOT discharge employees or impose any
disciplinary measures on employees, including suspen-
sions and warnings, because of their activities on be-
half of or support for a union or because they engaged
in other protected concerted activity.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
WE WILL offer Precious Beasley immediate and full
reinstatement to her former position or, if that position
no longer exists, to a substantially equivalent position
(at a different facility if necessary), without prejudice
to her seniority and other rights and privileges.
WE WILL make Precious Beasley and Leonette Curry
whole for any loss of pay and other benefits suffered
by them commencing from the date of their unlawful
discharge or suspension, plus interest.
WE WILL remove from our files any references to
the discharge of Precious Beasley and the disciplining
of Leonette Curry and notify them in writing that this
has been done and that evidence of their unlawful dis-
cipline will not be used as a basis for future personnel
action against them.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS FOUR CHAPLAINS CONVALES-
CENT CENTER
APPENDIX 23
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT discharge employees because of their
activities on behalf of or support for a union or be-
cause they engaged in other protected concerted activ-
ity.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
WE WILL offer Kim King immediate and full rein-
statement to her former position or, if that position no
longer exists, to a substantially equivalent position (at
a different facility if necessary), without prejudice to
her seniority and other rights and privileges.
WE WILL make Kim King whole for any loss of pay
and other benefits suffered by her commencing from
the date of her unlawful discharge, plus interest.
WE WILL remove from our files any references to
the discharge of Kim King and notify her in writing
that this has been done and that evidence of her unlaw-
913BEVERLY ENTERPRISES
ful discipline will not be used as a basis for future per-
sonnel action against her.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS ADRIAN HEALTH CARE CENTER
APPENDIX 24
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT threaten employees with more oner-
ous working conditions because of their union activity
or other protected concerted activity.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS PROVINCIAL HOUSE TOTAL LIV-
ING CENTER
APPENDIX 25
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT threaten employees with discipline or
more onerous working conditions, or impose such con-
ditions, because of their union activity or other pro-
tected concerted activity.
WE WILL NOT threaten employees with loss of bene-
fits if they select a union to represent them.
WE WILL NOT interrogate employees regarding their
union activity or the union activity of others.
WE WILL NOT engage in or solicit others to engage
in surveillance of employees’ union activities or create
the impression of such surveillance among employees.
WE WILL NOT discharge employees or impose any
disciplinary measures on employees because of their
activities on behalf of or support for a union or be-
cause they engaged in other protected concerted activ-
ity.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
WE WILL offer Yvonne Murine immediate and full
reinstatement to her former position or, if that position
no longer exists, to a substantially equivalent position
(at a different facility if necessary), without prejudice
to her seniority and others rights and privileges.
WE WILL make Yvonne Murine whole for any loss
of pay and other benefits suffered by her commencing
from the date of her unlawful discharge, plus interest.
WE WILL remove from our files any reference to the
discharge of Yvonne Murine and notify her in writing
that this has been done and that evidence of her unlaw-
ful discipline will not be used as a basis for future per-
sonnel action against her.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS FAITH HAVEN CARE CENTER
914 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
APPENDIX 26
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT fail or refuse to supply any union rep-
resenting our employees, on request, with information
necessary and relevant to its collective-bargaining
functions.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
WE WILL, on request, furnish to the applicable
Union information that is relevant and necessary to its
role as exclusive bargaining representative of the unit
employees.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS SHERMAN OAKS CARE CENTER
APPENDIX 27
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT discharge employees or impose any
disciplinary measures on employees because of their
activities on behalf of or support for a union or be-
cause they engaged in other protected concerted activ-
ity.
WE WILL NOT fail or refuse to supply any union rep-
resenting our employees, on request, with information
necessary and relevant to its collective-bargaining
functions.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
WE WILL offer Elias Pierre and Nicole Pierre imme-
diate and full reinstatement to their former positions
or, if those positions no longer exist, to substantially
equivalent positions (at different facilities if necessary),
without prejudice to their seniority and other rights and
privileges.
WE WILL make Elias Pierre and Nicole Pierre whole
for any loss of pay and other benefits suffered by them
commencing from the date of their unlawful dis-
charges, plus interest.
WE WILL remove from our files any references to
the discharges of Elias Pierre and Nicole Pierre and the
disciplining of Immacula Joseph and notify them in
writing that this has been done and that evidence of
their unlawful discipline will not be used as a basis for
future personnel action against them.
WE WILL, on request, furnish to the applicable
Union information that is relevant and necessary to its
role as exclusive bargaining representative of the unit
employees.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS EAST VILLAGE NURSING HOME
APPENDIX 28
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
915BEVERLY ENTERPRISES
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT forbid or attempt to forbid employees
from engaging in lawful solicitation or distribution on
behalf of a union on or off our property and during
nonworking time or in nonwork and/or nonpatient care
areas.
WE WILL NOT interrogate employees regarding to
their union activity or the union activity of others.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS RIDGEWOOD COURT NURSING
HOME
APPENDIX 29
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT fail or refuse to supply any union rep-
resenting our employees, on request, with information
necessary and relevant to its collective-bargaining
functions.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
WE WILL, on request, furnish to the applicable
Union information that is relevant and necessary to its
role as exclusive bargaining representative of the unit
employees.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS TORRINGTON EXTEND-A-CARE
APPENDIX 30
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT threaten employees with discharges
because of their union activity or other protected con-
certed activity.
WE WILL NOT discharge employees because of their
activities on behalf of or support for a union or be-
cause they engaged in other protected concerted activ-
ity.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
WE WILL offer Vicky Buker immediate and full re-
instatement to her former position or, if that position
no longer exists, to a substantially equivalent position
(at a different facility if necessary), without prejudice
to her seniority and other rights and privileges.
WE WILL make Vicky Buker whole for any loss of
pay and other benefits suffered by her commencing
from the date of her unlawful discharge, plus interest.
WE WILL remove from our files any references to
the discharge of Vicky Buker and notify her in writing
that this has been done and that evidence of her unlaw-
916 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
ful discipline will not be used as a basis for future per-
sonnel action against her.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS POND POINT CONVALESCENT
HOME
APPENDIX 31
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT threaten to withhold a wage increase
because employees selected a union to represent them.
WE WILL NOT promise employees a wage increase
or other benefits if they decertify the Union, or other-
wise invite employees to decertify the Union.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS GOLDEN RULE NURSING HOME
APPENDIX 32
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT impose any disciplinary measures on
employees because of their activities on behalf of or
support for a union or because they engaged in other
protected concerted activity.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
WE WILL remove from our files any reference to the
disciplinary action taken against Malcom Campbell
and notify him in writing that this has been done and
that evidence of his unlawful discipline will not be
used as a basis for future personnel action against him.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS BELLEVILLE NURSING HOME
APPENDIX 33
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT discharge employees or refuse to per-
mit them to return from a leave of absence because of
their activities on behalf of or support for a union or
917BEVERLY ENTERPRISES
because they engaged in other protected concerted ac-
tivity.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
WE WILL offer Shirley Niswonger immediate and
full reinstatement to her former position or, if that po-
sition no longer exists, to a substantially equivalent po-
sition (at different facility if necessary), without preju-
dice to her seniority and other rights and privileges.
WE WILL make Shirley Niswonger and Charisse
Bryant whole, commencing from the date of their un-
lawful discharge or refusal to permit a return from a
leave of absence, respectively, for any loss of pay and
other benefits suffered by them commencing from the
date of their unlawful discipline, plus interest.
WE WILL remove from our files any references to
the discharge of Shirley Niswonger and the refusal to
permit Charisse Bryant to return to work for a leave
of absence and notify them in writing that this has
been done and that evidence of their unlawful dis-
cipline will not be used as a basis for future personnel
action against them.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS RIDGEVIEW MANOR NURSING
HOME
APPENDIX 34
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT discharge employees or impose any
disciplinary measures on employees, including suspen-
sions, because of their activities on behalf of or in sup-
port for a union or because they engaged in other pro-
tected concerted activity.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
WE WILL offer Janet Glenn, Debra Wiley, and
Maggie Roper immediate and full reinstatement to
their former positions or, if those positions no longer
exist, to substantially equivalent positions (at different
facilities if necessary), without prejudice to their se-
niority and other rights and privileges.
WE WILL make Janet Glenn, Debra Wiley, and
Maggie Roper whole for any loss of pay and other
benefits suffered by them commencing from the date
of their unlawful discharge or suspension, plus interest.
WE WILL remove from our files any references to
the suspensions and discharges of Janet Glenn, Debra
Wiley, and Maggie Roper, and notify them in writing
that this has been done and that evidence of their un-
lawful discipline will not be used as a basis for future
personnel action against them.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS SYCAMORE VILLAGE NURSING
HOME
APPENDIX 36
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT threaten to withhold a scheduled
wage increase if our employees select a union to rep-
resent them.
918 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS PARKVIEW MANOR NURSING
HOME
APPENDIX 37
NOTICE TO EMPLOYEES
POSTED PURSUANT TO A JUDGMENT OF THE
UNITED STATES COURT OF APPEALS
ENFORCING AN ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT do anything that interferes with these
rights. More specifically:
WE WILL NOT unilaterally implement terms and con-
ditions of employment different from those contained
in the final offer following impasse in bargaining.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
WE WILL make whole, with interest, those employ-
ees adversely affected by our unlawful implementation
of the vacation buyout program.
BEVERLY CALIFORNIA CORPORATION
F/K/A BEVERLY ENTERPRISES, OPERAT-
ING AS PARKVIEW GARDENS CARE CEN-
TER