Bryant Health Center, Inc.

National Labor Relations Board - Administrative Judge Opinions

Aug 26, 2008

07-CA-050893 (N.L.R.B. Aug. 26, 2008)

JD–42–08
Ironton, OH
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
DIVISION OF JUDGES
BRYANT HEALTH CENTER, INC.
and Cases 9–CA–43747
9–CA–44012
TEAMSTERS LOCAL UNION NO. 92,
GENERAL TRUCK DRIVERS AND HELPERS
AFFILIATED WITH THE INTERNATIONAL
BROTHERHOOD OF TEAMSTERS
ERRATA
1. Section 1. (f) of the ORDER in the above case should be corrected to read:
(f) Discharging employees for discussing their discipline with other employees or for
engaging in union or other protected concerted activities.
2. The following should be substituted for Section 2 (d) of the ORDER in the above case and the
remaining sections relettered accordingly.
(d) Within 14 days from the date of the Board’s Order, offer Christina Cox full
reinstatement to her former job or, if that job no longer exists, to a substantially equivalent
position, without prejudice to her seniority or any other rights or privileges previously enjoyed.
3. Substitute the following for the appendix:
Dated, Washington, D.C. August 26, 2008
____________________
John T. Clark
Administrative Law Judge
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 Federal labor law and has ordered us
to post and obey this notice.
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join, or assist a union
Choose representatives to bargain with us on your behalf
Act together with other employees for your benefit and protection
Choose not to engage in any of these protected activities.
WE WILL NOT maintain overly broad rules prohibiting solicitation and distribution in the
personnel policy addendum.
WE WILL NOT maintain an overly broad confidentiality rule prohibiting you from
discussing your salary, performance appraisals, wage increases or other terms and conditions of
your employment with other employees.
WE WILL NOT tell you that you that you cannot discuss your performance appraisals,
wage increases, discipline, and other terms and conditions of your employment with other
employees.
WE WILL NOT threaten you with discipline and discharge if you discuss your
performance appraisals, wage increases, discipline, and other terms and conditions of your
employment with other employees.
WE WILL NOT create the impression that your union activities are under surveillance.
WE WILL NOT discharge or discipline you for discussing your discipline or other terms
and conditions of your employment with other employees, or because you have engaged in union
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.
WE WILL notify you in writing that the overly broad rules prohibiting solicitation and
distribution contained in the personnel policy addendum are rescinded, void, of no effect and will
not be enforced, and that we will not prohibit you from soliciting and distributing material in a
manner protected by the Act.
WE WILL notify you in writing that the overly broad confidentiality rule contained in the
memorandum dated October 1, 2007, prohibiting you from discussing your salary, performance
appraisals, and wage increases with other employees, is rescinded, void, of no effect and will not
be enforced, and that we will not prohibit you from discussing your salary, performance
appraisals, wage increases, discipline, and other terms and conditions of your employment with
other employees in a manner protected by the Act.
WE WILL furnish you with inserts for the current edition of the personnel policy
addendum that (1) advise that the unlawful solicitation and distribution rules have been rescinded,
or (2) provide the language of lawful provisions; or publish and distribute to all current employees
a revised personnel policy addendum that (1) does not contain the unlawful rules, or (2) provides
the language of lawful rules.
WE WILL within 14 days from the date of the Board’s Order, offer Christina Cox full
reinstatement to her former job or, if that job no longer exists, to a substantially equivalent
position, without prejudice to her seniority or any other rights or privileges previously enjoyed.
WE WILL make Christina Cox whole for any loss of earnings and other benefits suffered
as a result of her unlawful discharge, less any net interim earnings, plus interest.
WE WILL, within 14 days from the date of this Order, remove from our files any reference
to the unlawful discharge of Christina Cox, and WE WILL, within 3 days thereafter, notify her in
writing that this has been done and that the discharge will not be used against her in any way.
BRYANT HEALTH CENTER, INC.
(Employer)
Dated By
(Representative) (Title)
The National Labor Relations Board is an independent Federal agency created in 1935 to enforce the
National Labor Relations Act. It conducts secret-ballot elections to determine whether employees want union
representation and it investigates and remedies unfair labor practices by employers and unions. To find out
more about your rights under the Act and how to file a charge or election petition, you may speak
confidentially to any agent with the Board’s Regional Office set forth below. You may also obtain information
from the Board’s website: www.nlrb.gov.
550 Main Street, Federal Office Building, Room 3003
Cincinnati, Ohio 45202-3271
Hours: 8:30 a.m. to 5 p.m.
513-684-3686.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
THIS NOTICE MUST REMAIN POSTED FOR 60 CONSECUTIVE DAYS FROM THE DATE OF POSTING AND MUST
NOT BE ALTERED, DEFACED, OR COVERED BY ANY OTHER MATERIAL. ANY QUESTIONS CONCERNING THIS
NOTICE OR COMPLIANCE WITH ITS PROVISIONS MAY BE DIRECTED TO THE ABOVE REGIONAL OFFICE’S
COMPLIANCE OFFICER, 513-684-3750.