Bristol Manor Health Care Center, Inc.

National Labor Relations Board - Board Decisions

Jul 31, 1989

295 N.L.R.B. 1106 (N.L.R.B. 1989)

1106 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
Bristol Manor Health Care Center, Inc. and Local
1115 Nursing Home and Hospital Employees
Union , a Division of 1115 Joint Board. Case
22-CA-16100
July 31, 1989
DECISION AND ORDER
BY CHAIRMAN STEPHENS AND MEMBERS
CRACRAFT AND HIGGINS
On May 31, 1989, Administrative Law Judge
James F. Morton issued the attached decision. The
Charging Party and the Respondent filed excep-
tions and supporting briefs.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
The Board has considered the decision and the
record in light of the exceptions" and briefs and
has decided to affirm the judge' s rulings, findings,
and conclusions and to adopt the recommended
Order.
ORDER
The National Labor Relations Board adopts the
recommended Order of the administrative law
judge and orders that the Respondent, Bristol
Manor Health Care Center, Inc., Rochelle Park,
New Jersey, its officers, agents, successors, and as-
signs, shall take the action set forth in the Order.
' The Respondent's exceptions relate primarily to the circumstances
surrounding its counsel's failure to attend the hearing in this proceeding.
There is no dispute that the Respondent received timely notice of the
hearing, which originally was scheduled for April 26, 1989. Further, the
Respondent acknowledges that it made no request for adjournment
before April 24, 1989 . In any event, the hearing was rescheduled to April
28, but no representative of the Respondent appeared . In these circum-
stances, we find no basis for finding prejudicial error in the conduct of
the hearing in this proceeding, nor do we find any basis for granting the
Respondent 's request for a remand to another administrative law judge
for a new hearing on the merits.
Renee I. Crain, Esq. and Olivia Garcia Boult, Esq., for the
General Counsel.
Richard M. Greenspan, Esq.,
for the Union.
of White Plains, New York,
DECISION
STATEMENT OF THE CASE
JAMES F. MORTON, Administrative Law Judge. The
pleadings put in issue whether Bristol Manor Health
Care Center, Inc. (Respondent), in violation of Section
8(a)(1) and (5) of the National Labor Relations Act (the
Act), refused to furnish certain data requested by Local
1115 Nursing Home and Hospital Employees Union, a
Division of 1115 Joint Board (the Union).
The hearing was held in Newark, New Jersey, on
April 28, 1989. General Counsel and the Union, the only
parties who appeared at the hearing, waived the filing of
briefs. On the entire record, I make the following
FINDINGS OF FACT
1. JURISDICTION AND LABOR ORGANIZATION
Respondent operates a nursing home and health care
facility in Rochelle Park, New Jersey. Based on its
annual revenues, it meets the Board's standard for assert-
ing jurisdiction.
The Union, as established by the pleadings, is a labor
organization as defined in the Act.
II. THE ALLEGED UNLAWFUL REFUSAL TO FURNISH
REQUESTED INFORMATION
The Union has been recognized by Respondent as the
exclusive representative for purposes of collective bar-
gaining of the following unit of Respondent's employees:
All full time and regular part-time employees in-
cluding licensed practical nurses, nurses' aides, or-
derlies, dietary employees, housekeeping employees
and maintenance employees, but excluding all other
employees, guards, and supervisors as defined in the
Act.
On October 28, 1988, the Union wrote Respondent re-
questing that it be furnished with the following informa-
tion: names and addresses of current bargaining unit em-
ployees, showing job titles, dates of hire, weekly salary,
and number of hours worked.
The uncontroverted evidence before me established
that the Union needs the requested data in order to de-
termine which employees are employed on a regular
part-time basis, to take note of their seniority status and
job duties and for other reasons, all presumptively rele-
vant to enable the Union to fulfill its responsibilities as
the representative of those employees. In that regard, see
Sandpiper Convalescent Center, 279 NLRB 1129,1135
(1986), and cases cited therein.
The evidence is also uncontroverted that Respondent
did not furnish the requested information.
CONCLUSIONS OF LAW
1. Respondent is an employer engaged in commerce
within the meaning of Section 2(2), (6), and (7) of the
Act.
2. The Union is a labor organization as defined in Sec-
tion 2(5) of the Act.
3. By not having furnished the Union with the infor-
mation requested by the Union in its letter of October
28, 1988 , Respondent has engaged in an unfair labor
practice within the meaning of Section 8(a)(1) and (5) of
the Act. Sandpiper Convalescent Center, supra.
4. The aforesaid unfair labor practice affects commerce
within the meaning of Section 2(6) and (7) of the Act.
On these findings of fact and conclusions of law, I
issue the following recommended'
1 If no exceptions are filed as provided by Sec 102 .46 of the Board's
Rules and Regulations , the findings , conclusions , and recommended
Continued
295 NLRB No. 131
BRISTOL MANOR HEALTH CARE CENTER 1107
ORDER
The Respondent, Bristol Manor Health Care Center,
Inc., Rochelle Park, New Jersey, its officers, agents, suc-
cessors, and assigns, shall
1. Cease and desist from
(a) Refusing to furnish Local 1115 Nursing Home and
Hospital Employees unit described below, their job titles,
their dates of hire, their weekly salaries , and the number
of hours they worked.
(b) In any like or related manner interfering with, re-
straining, or coercing its employees in the exercise of the
rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) Furnish the Union in writing with the information
it requested , as specified above, for all Respondent's em-
ployees in the following unit:
All full time and regular part-time employees in-
cluding licensed practical nurses, nurses' aides, or-
derlies, dietary employees, housekeeping employees
and maintenance employees, but excluding all other
employees, guards, and supervisors as defined in the
Act.
(b) Post at its Rochelle Park , New Jersey facility
copies of the attached notice marked "Appendix."2
Copies of the notice, on forms provided by the Regional
Director for Region 22, after being signed by the Re-
spondent '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
Order shall , as provided in Sec 102 .48 of the Rules, be adopted by the
Board and all objections to them shall be deemed waived for all pur-
poses-2 If this Order is enforced by a judgment of a United States court of
appeals, the words in the notice reading "Posted by Order of the Nation-
al Labor Relations Board " shall read "Posted Pursuant to a Judgment of
the United States Court of Appeals Enforcing an Order of the National
Labor Relations Board."
posted . Reasonable steps shall be taken by the Respond-
ent to ensure that the notices are not altered , defaced, or
covered by any other material.
(c) 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
NOTICE To EMPLOYEES
POSTED BY 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.
WE WILL NOT refuse to furnish Local 1115 Nursing
Home and Hospital Employees Union, a Division of
1115 Joint Board with the information requested by it in
its letter dated October 28, 1988, that is, the names and
addresses of employees employed in the unit described
below, their job titles, their dates of hire , their weekly
salaries, and the number of hours they worked.
WE WILL NOT in any like or related manner interfere
with , restrain , or coerce our employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
WE WILL furnish the Union in writing with the infor-
mation it requested, as specified above, for all our em-
ployees in the following unit:
All full time and regular part-time employees in-
cluding licensed practical nurses, nurses' aides, or-
derlies, dietary employees , housekeeping employees
and maintenance employees , but excluding all other
employees , guards, and supervisors as defined in the
Act.
BRISTOL MANOR HEALTH CARE CENTER, INC.