Bluefield Hospital Company, LLC d/b/a Bluefield Regional Medical Center and its single and/or joint

National Labor Relations Board - Unpublished Board Decisions

Jun 18, 2020

10-CA-153544 (N.L.R.B. Jun. 18, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
BLUEFIELD HOSPITAL COMPANY, LLC D/B/A
BLUEFIELD REGIONAL MEDICAL CENTER,
COMMUNITY HEALTH SYSTEMS, INC., AND/OR
COMMUNITY HEALTH SYSTEMS PROFESSIONAL
SERVICES CORPORATION, LLC, A SINGLE
EMPLOYER AND/OR JOINT EMPLOYERS
and Case 10-CA-153544
NATIONAL NURSES ORGANIZING COMMITTEE
(NNOC), AFL-CIO
CORRECTED DECISION AND ORDER
Statement of the Case
On March 11, 2020, Bluefield Hospital Company, LLC d/b/a Bluefield Regional
Medical Center (Respondent Bluefield), Community Health Systems, Inc. (CHSI),
Community Health Systems Professional Services Corporation, LLC (CHPSC), National
Nurses Organizing Committee (NNOC), AFL-CIO (Charging Party or NNOC), and the
General Counsel of the National Labor Relations Board entered into a Formal
Settlement Stipulation, approved by the administrative law judge and subject to Board
approval, providing for the entry of a consent order by the Board and a consent
judgment by any appropriate United States Court of Appeals. The Respondent waived
all further and other proceedings before the Board to which it may be entitled under the
National Labor Relations Act (the Act) and the Board’s Rules and Regulations, and the
Respondent waived its right to contest the entry of a consent judgment or to receive
further notice of the application therefor.
The Formal Settlement Stipulation is approved and made a part of the record,
and the proceeding is transferred to and continued before the Board in Washington,
D.C., for the entry of a Decision and Order pursuant to the provisions of the Formal
Settlement Stipulation.
Based on the Formal Settlement Stipulation and the entire record, the Board
makes the following
Findings of Fact
1. The Respondent Bluefield’s business
2
At all material times, Respondent Bluefield has been an employer engaged in
commerce within the meaning of Section 2(2), (6) and (7) of the Act and has been a
health care institution within the meaning of Section 2(14) of the Act.
2. The labor organization involved
At all material times, NNOC has been a labor organization within the meaning of
Section 2(5) of the Act.
3. The appropriate unit
At all times since September 25, 2012, based on Section 9(a) of the Act, NNOC
has been the exclusive collective-bargaining representative of the following appropriate
bargaining unit:
All full time, regular part-time, and per diem Registered Nurses, including
those who serve as relief charge nurses, employed by Respondent
Bluefield at its 500 Cherry Street, Bluefield, West Virginia hospital;
excluding all other employees, including managers, confidential
employees, physicians, technical employees, service and maintenance
employees, employees of outside registries and other agencies supplying
labor to Respondent Bluefield, guards and supervisors as defined in the
Act.
ORDER
Based on the above findings of fact, the Formal Settlement Stipulation and the
entire record, and pursuant to Section 10(c) of the National Labor Relations Act, the
National Labor Relations Board orders that the Respondent, Bluefield Hospital
Company, LLC d/b/a Bluefield Regional Medical Center, Bluefield, West Virginia, its
officers, agents, successors, and assigns, shall take the following affirmative action
necessary to effectuate the policies of the Act.1
(a) Make the following Certified Registered Nurse Anesthetists at Respondent
Bluefield who were discharged about February 9, 2015, whole for any loss of earnings,
if any, and other benefits, if any, suffered as a result of their discharges: Candace
Blankenship, Van Browning, Marla Cline, Douglas Hess, Stephanie Morrison, John
Riddle IV, Kristi Shrewsbury, and Shewana Workman.
1 The General Counsel and the Respondent also negotiated an informal settlement
agreement that provides, among other things, for the posting, reading, emailing, and
mailing of a Notice to Employees that includes the allegations of the Third Amended
Consolidated Complaint covered by this Formal Settlement Stipulation. The
administrative law judge further issued an Order Granting Motions to Correct Notices
and Clarify Settlement Agreements that, for the purposes of this Formal Settlement,
corrects the heading of the notice.
3
(b) Compensate the Certified Registered Nurse Anesthetists identified above for
the adverse tax consequences, if any, of receiving lump-sum backpay awards, if any,
and file reports with the Regional Director allocating the backpay awards, if any, to the
appropriate calendar years.
Dated, Washington, D.C., June 18, 2020
___________________________________
John F. Ring, Chairman
___________________________________
Marvin E. Kaplan, Member
___________________________________
William J. Emanuel, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
The Board’s decision can be found at www.nlrb.gov/case/10-CA-153544 or by using the
QR code below. Alternatively, you can obtain a copy of the decision from the Executive
Secretary, National Labor Relations Board, 1015 Half Street, S.E., Washington, D.C.
20570, or by calling (202) 273-1940.