Centro Medico de Arecibo

National Labor Relations Board - Board Decisions

Dec 14, 1990

300 N.L.R.B. 890 (N.L.R.B. 1990)

890
300 NLRB No. 120
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
1 The appropriate unit, as described in sec. III of the judge’s decision, is
corrected to read ‘‘All the licensed male and female practical nurses . . . .’’
2 The General Counsel has excepted to the judge’s recommended Order con-
tending that the Respondent should be required to post the notice to employees
in both Spanish and English. Noting that this case arose in Puerto Rico, the
General Counsel asserts that the main language of the Respondent’s employees
is Spanish and though some can read English not all of them can be expected
to do so. We find merit in this exception and we shall make the appropriate
modification to the judge’s recommended Order.
1 General Counsel’s original complaint and notice of hearing were issued
and served on December 21, 1989. Respondent filed timely answers on Feb-
ruary 21 and March 6, 1990. Pursuant to the filing of a further charge in Case
24–CA–6157, General Counsel issued a notice to amend the complaint and
amendment on May 11, 1990. At the hearing, Respondent originally denied
the allegations of the amended pleading on the record. The above-captioned
Union’s underlying first unfair labor practice charge was filed on November
7, 1989, and served on November 8, 1989 (Case 24–CA–6047); and the fur-
ther charge (Case 24–CA–6157) was filed and served on May 10, 1990.
Arecibo Community Health Care, Inc. d/b/a Centro
Medico de Arecibo and Union Nacional de
Trabajadores de la Salud 1199, AFL–CIO.
Cases 24–CA–6047 and 24–CA–6157
December 14, 1990
DECISION AND ORDER
BY MEMBERS DEVANEY, OVIATT, AND
RAUDABAUGH
On August 10, 1990, Administrative Law Judge
Robert W. Leiner issued the attached decision. The
General Counsel filed exceptions.
The National Labor Relations Board has delegated
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 has decided to af-
firm the judge’s rulings, findings,1 and conclusions and
to adopt the recommended Order2 as modified.
ORDER
The National Labor Relations Board adopts the rec-
ommended Order of the administrative law judge as
modified below and orders that the Respondent, Are-
cibo Community Health Care, Inc. d/b/a Centro
Medico de Arecibo, Arecibo, Puerto Rico, its officers,
agents, successors, and assigns, shall take the action
set forth in the Order as modified.
Substitute the following for paragraph 2(d).
‘‘(d) Post at its Arecibo, Puerto Rico place of busi-
ness, both in English and Spanish, copies of the at-
tached notice marked ‘‘Appendix.’’3 Copies of the no-
tice on forms provided by the Regional Director for
Region 24, after being signed by the Respondent’s au-
thorized representatives, 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.’’
Antonio F. Santos, Esq., for the General Counsel.
Jose A. Oliveras, Esq., of Rio Pedras, Puerto Rico, for the
Respondent.
Luis Alverez Colon, President Local 1199, of San Juan, Puer-
to Rico, for the Charging Party.
DECISION
STATEMENT OF THE CASE
ROBERT W. LEINER, Administrative Law Judge. This mat-
ter was heard on May 14, 1990, in Hato Rey, Puerto Rico,
upon General Counsel’s consolidated complaint1 alleging, in
substance, that the above-captioned Respondent, Arecibo
Community Health Care, Inc., violated Section 8(a)(1) and
(5) of the Act by refusing to engage in collective bargaining
with the Union, upon the Union’s May 9, 1989 request there-
for; by thereafter, commencing July 3, 1989, unilaterally
changing unit employees’ terms and conditions of employ-
ment which were mandatory subjects of bargaining; and
commencing December 13, 1989, refusing the Union’s re-
quest to furnish to the Union certain information necessary
to the Union’s performance of its functions as the exclusive
collective-bargaining representative of unit employees. Re-
spondent filed timely answers to the allegations of the com-
plaint and otherwise denied the allegations in the amended
complaint on the record of the hearing.
At the hearing, all parties were represented, given full op-
portunity to call and examine witnesses, submit oral and
written evidence, and to argue on the record. At the close of
the hearing, counsel for the parties waived both final argu-
ment and the right to submit posthearing briefs.
At the hearing, the Respondent withdrew, in their entirety,
both its previously filed answers and its answer on the record
denying the allegations of the amendments to the complaint.
Respondent did so in order to facilitate the disposition of the
substantive matters in the complaint allegations and to permit
me to issue a decision and recommended order so that the
parties could thereafter engage in good-faith collective bar-
gaining upon issuance thereof.
On the entire record, including the pleadings, and the dis-
cussion and consent of all parties as contained in the tran-
script herein, I make the following
FINDINGS OF FACT
I. RESPONDENT AS STATUTORY EMPLOYER
Respondent, a Puerto Rico corporation engaged in man-
agement of health care facilities in Puerto Rico, at all mate-
rial times has operated a hospital providing medical, surgical,
and related health care services located at Arecibo, Puerto
Rico. In the course and conduct of its operations, above de-
scribed, Respondent derives, on an annual basis, gross reve-
nues in excess of $250,000 and annually purchases and re-
ceives at its Arecibo, Puerto Rico facility equipment, goods,
and materials valued in excess of $50,000 directly from sup-
pliers located outside the Commonwealth of Puerto Rico. Re-
spondent concedes that, at all material times, it has been and
is an employer engaged in commerce and in a business af-
fecting commerce within the meaning of Section 2(2), (6),
891CENTRO MEDICO DE ARECIBO
and (7) of the Act and that it is a health care institution with-
in the meaning of Section 2(14) of the Act.
II. THE UNION AS STATUTORY LABOR ORGANIZATION
Respondent concedes, and I find, that, as alleged, Union
Nacional de Trabajadores de la Salud 1199, AFL–CIO, has
been and is a labor organization within the meaning of Sec-
tion 2(5) of the Act.
III. THE SUBSTANTIVE FINDINGS AND UNFAIR LABOR
PRACTICES FOUND
The complaint alleges, and Respondent both in its original
pleading and by its withdrawal of its answer, admits that the
following groupings of employees at its Arecibo facility con-
stitute units appropriate for collective bargaining within the
meaning of Section 9(b) of the Act:
All registered male and female nurses and social
workers employed by Respondent at Centro Medico De
Arecibo; excluding executives, administrators, super-
visors, employees of other appropriate units for collec-
tive bargaining, other professional employees not in-
cluded in the appropriate unit, confidential employees,
the employees of the Department of Health of The
Commonwealth of Puerto Rico, employees of inde-
pendent contractors, guards and all other persons au-
thorized to hire, dismiss, promote, discipline or in any
other way modify the status of employees or make rec-
ommendations to this effect, and supervisors as defined
in the Act.
All the licensed and female practical nurses, X-Ray
technicians, Respiratory Therapy Technicians, Dental
Technicians, hospital attendants and/or escorts em-
ployed by Respondent at Centro Medico De Arecibo;
excluding executives, administrators, supervisors, em-
ployees or other appropriate units for collective bar-
gaining, or other professional employees not included in
the appropriate unit, confidential employees the em-
ployees of the Department of Health of the Common-
wealth of Puerto Rico, employees of independent con-
tractors, guards and all those persons who in one way
or the other, are authorized to hire, dismiss, promote,
discipline or modify the status of the employees or
make recommendations for this purpose, and super-
visors as defined in the Act.
The complaint alleges, Respondent affirmatively admitted,
and, on the basis of its withdrawn answer, I find that on Au-
gust 29, 1986, a majority of the employees of Respondent in
the above-described appropriate units, by a secret ballot elec-
tion conducted under the supervision of the Puerto Rico
Labor Relations Board (PRLRB), designated and selected the
Union as their representative for the purposes of collective
bargaining with Respondent; and on October 8, 1986, the
PRLRB certified the Union as the exclusive collective-bar-
gaining representative of all the employees of Respondent in
the above units.
By virtue of Respondent’s withdrawing its answers, I find
that, as alleged, since on or about August 29, 1986, and con-
tinuously thereafter, the Union has been and is the represent-
ative for the purposes of collective bargaining of a majority
of the employees in the above-described units, by virtue of
Section 9(a) of the Act, has been, and is now, the exclusive
representative of the employees in the units for the purposes
of collective bargaining with respect to rates of pay, wages,
hours of employment, and other terms and conditions of em-
ployment.
I further find, on the basis of the allegations of the com-
plaint and upon Respondent’s withdrawal of its answer, that
since on or about May 9, 1989, and continuously thereafter,
the Union has requested Respondent to bargain collectively
with it as the exclusive collective-bargaining representative
of Respondent’s employees in the above units with regard to
rates of pay, wages, hours of employment, and other terms
and conditions of employment; and since that date, and con-
tinuously thereafter, Respondent has failed and refused to
meet and bargain with the Union for the purposes of collec-
tive bargaining in the units.
I further find, on the above basis, that on the dates appear-
ing below, Respondent changed the existing terms and condi-
tions of employment of its above-described unit employees,
without prior notice to the Union and without having af-
forded the Union an opportunity to negotiate and bargain
with respect to such acts and conduct and with respect to the
effects of such act and conduct:
(1) On or about July 3, 1989, Respondent changed
the existing hospital and medical plan and selected a
new hospital and medical insurance policy.
(2) On or about October 1, 1989, Respondent grant-
ed two paid days for continuing education purposes to
its nursing personnel.
(3) On or about October 1, 1989, Respondent grant-
ed a 25-percent increase in wages paid to employees
while on maternity leave.
(4) On or about October 1, 1989, Respondent grant-
ed two additional half-day holidays to its employees.
I find that, as alleged, the above matters changed by Re-
spondent were changes in mandatory subjects of bargaining.
Such conduct violates Section 8(a)(5) and (1) of the Act.
I also find that, as alleged, on or about December 13,
1989, the Union requested Respondent to furnish it with in-
formation concerning salaries, dates of employment, and
fringe benefits of all employees in the above-described units
and that since that time, Respondent has failed and refused
to furnish to the Union the requested information. I find re-
quested information, as alleged, is necessary for, and relevant
to, the Union’s performance of its functions as the exclusive
collective-bargaining representative of the unit. Respondent’s
refusal of the Union’s request for such information violates
Section 8(a)(5) and (1) of the Act.
CONCLUSIONS OF LAW
1. By refusing to bargain with the Union at the Union’s
request, commencing May 9, 1989, with regard to unit em-
ployees’ rates of pay, wages, hours of employment, and other
terms and conditions of employment and, commencing July
3, 1989, by changing existing wages, holidays, and other
terms and conditions of employment, all mandatory subjects
of bargaining, without prior notice to the Union or permitting
the Union an opportunity to negotiate and bargain with re-
spect thereto or the effects thereof on the employees in such
units, Respondent violated Section 8(a)(5) and (1) of the Act.
892 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
2 If no exceptions are filed as provided by Sec. 102.46 of the Board’s Rules
and Regulations, the findings, conclusions, and recommended Order shall, as
provided in Sec. 102.48 of the Rules, be adopted by the Board and all objec-
tions to them shall be deemed waived for all purposes.
3 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 National Labor Rela-
2. By failing and refusing, commencing December 13,
1989, to furnish to the Union, at the Union’s request, infor-
mation regarding the salaries, dates of employment, and
fringe benefits of employees employed by Respondent in the
above-described appropriate units, which information is nec-
essary for, and relevant to, the Union’s performance of its
functions as the exclusive bargaining representative of em-
ployees in the units, Respondent violated Section 8(a)(5) and
(1) of the Act.
3. The above unfair labor practices affect commerce within
the meaning of Section 2(6) and (7) of the Act.
THE REMEDY
Having found that Respondent has committed various un-
fair labor practices, I shall recommend that it be ordered to
cease and desist therefrom and to take certain affirmative ac-
tion designed to effectuate the policies of the Act in the man-
ner customary in such cases.
Having found that Respondent unlawfully refused to bar-
gain with the Union in appropriate units after the Union re-
quested such bargaining with respect to mandatory subjects
of bargaining; and having separately found that Respondent,
without affording the Union prior notice thereof of an oppor-
tunity to bargain with respect thereto and the effects thereof,
engaged in unilateral changes of wages, holidays, and other
mandatory subjects of bargaining, I shall recommend that
Respondent be ordered to cease and desist from such actions.
I shall further order Respondent to affirmatively notify the
Union of its willingness to bargain in good faith and, on the
Union’s request, to rescind and revoke, in whole or in part,
the unilateral acts found to have constituted violations of
Section 8(a)(1) and (5) above, and to furnish the Union with
the requested information which, in violation of the Act, Re-
spondent has failed and refused to furnish. I shall also rec-
ommend the posting of an appropriate notice.
On these findings of fact and conclusions of law and on
the entire record, I isssue the following recommended2
ORDER
The Respondent, Arecibo Community Health Care, Inc.
d/b/a Centro Medico de Arecibo, Arecibo, Puerto Rico, its
officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Failing and refusing, on request, to bargain in good
faith collectively with Union Nacional de Trabajadores de la
Salud 1199 AFL–CIO (the Union), as the representative of
Respondent’s employees in the two following appropriate
units, with respect to rates of pay, wages, hours of employ-
ment, and other terms and conditions of employment:
All the registered male and female nurses and social
workers employed by Respondent at Centro Medico de
Arecibo; excluding executives, administrators, super-
visors, employees of other appropriate units for collec-
tive bargaining, other professional employees, not in-
cluded in the appropriate unit, confidential employees,
the employees of the Department of Health of the Com-
monwealth of Puerto Rico, employees of independent
contractors, guards and all other persons authorized to
hire, dismiss, promote, discipline or in any other way
modify the status of employees or make recommenda-
tions to this effect, and supervisors as defined in the
Act.
All the licensed male and female practical nurses, X-
Ray technicians, Respiratory Therapy Technicians, Den-
tal Technicians, hospital attendants and/or escorts em-
ployed by the Respondent at Centro Medico de Are-
cibo; excluding executives, administrators, supervisors,
employees of other appropriate units for collective bar-
gaining, or other professional employees not included in
the Department of Health of The Commonwealth of
Puerto Rico, employees of independent contractors,
guards and all those persons who in one way or the
other, are authorized to hire, dimiss, promote, discipline
or modify the status of the employees or make rec-
ommendations for this purpose, and superviors as de-
fined in the Act.
(b) Changing the exisiting terms and conditions of em-
ployment of employees in the above-described appropriate
units by changing the hospital medical plan and selecting a
new hospital and medical insurance policy; granting paid
days for continuing education purposes to nursing personnel;
granting a 25-percent wage increase to employees; or by any
other unilateral change in mandatory subjects of bargaining
without affording the Union prior notice thereof and an op-
portunity to negotiate and bargain with respect thereto.
(c) Failing and refusing, on the Union’s request, to furnish
to the Union information necessary for, and relevant to, the
Union’s performance of its functions as the exclusive collec-
tive-bargaining representative of employees in the above-de-
scribed appropriate units.
(d) In any like or related manner interfering with, restrain-
ing, or coercing employees in the exercise of rights guaran-
teed them by Section 7 of the Act.
2. Take the following affirmative action necessary to ef-
fectuate the policies of the Act.
(a) Notify the Union, in writing, of Respondent’s willing-
ness to bargain collectively in good faith with the Union as
the exclusive representative of its employees in the above-de-
scribed appropriate units, with respect to rates of pay, wages,
hours, and other terms and conditions of employment, and,
if understandings are reached, embody such understandings
in a signed agreement or agreements.
(b) Rescind and withdraw, at the Union’s request, all or
part of the unilateral changes set forth above, in which Re-
spondent engaged, commencing July 3, 1989.
(c) Provide the information requested by the Union on or
about December 13, 1989, concerning the salaries, dates of
employment, fringe benefits of employees employed in the
above units, and any other information requested by the
Union which is necessary for and relevant to the performance
of its functions as exclusive collective-bargaining representa-
tives of the employees in the above appropriate units.
(d) Post at its Arecibo, Puerto Rico place of business cop-
ies of the attached notice marked ‘‘Appendix.’’3 Copies of
893CENTRO MEDICO DE ARECIBO
tions Board’’ shall read ‘‘Posted Pursuant to a Judgment of the United States
Court of Appeals Enforcing an Order of the National Labor Relations Board.’’
the notice on forms provided by the Regional Director for
Region 24, after being signed by Respondent’s authorized
representatives, shall be posted by Respondent immediately
upon receipt and maintained for 60 days consecutive in con-
spicuous places including all places where notices to employ-
ees are customarily posted. Reasonable steps shall be taken
by Respondent to ensure that the notices are not altered, de-
faced, or covered by any other material.
(e) Notify the Regional Director in writing within 20 days
from the date of this Order what steps Respondent 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 vio-
lated the National Labor Relations Act and has ordered us
to post and abide by this notice.
WE WILL NOT refuse to bargain collectively in good faith
with Union Nacional de Trabajadores de la Salud 1199,
AFL–CIO, as the exclusive representative of our employees
in the below-described appropriate units with respect to rates
of pay, wages, hours, and other terms and conditions of em-
ployment, and, if agreement is reached, to sign a contract or
contracts:
All the registered male and female nurses and social
workers employed at Centro Medico De Arecibo; ex-
cluding executives, administrator, supervisors, employ-
ees of other appropriate units for collective bargaining,
other professional employees not included in the appro-
priate unit, confidential employees, the employees of
the Department of Health of The Commonwealth of
Puerto Rico, employees of independent contractors,
guards and all other persons authorized to hire, dismiss,
promote, discipline or in any other way modify the sta-
tus of employees or make recommendations to this ef-
fect, and supervisors as defined in the Act.
All the licensed male and female practical nurses, X-
Ray technicians, Respiratory Therapy Technicians, Den-
tal Technicians, hospital attendants and/or escorts em-
ployed at Centro Medico De Arecibo; excluding execu-
tives, administrators, supervisors, employees of other
appropriate units for collective bargaining, or other pro-
fessional employees not included in the appropriate
unit, confidential employees, the employees of the De-
partment of Health of The Commonwealth of Puerto
Rico, employees of independent contractors, guards and
all those persons who in one way or the other, are au-
thorized to hire, dismiss, promote, discipline or modify
the status of the employees or make recommendations
for this purpose, and supervisors as defined in the Act.
WE WILL NOT, without prior notice to the Union and af-
fording the Union an opportunity to negotiate and bargain,
unilaterally, change existing terms and conditions of employ-
ment of unit employees, including changing the existing hos-
pital and medical plan and selecting a new hospital and med-
ical insurance policy; granting paid days for continuing edu-
cation to nursing personnel; granting a 25-percent increase in
wages to employees on maternity leave; or grant additional
half-day holidays to employees; or change any other manda-
tory subject of bargaining.
WE WILL NOT refuse to furnish to the Union, at the
Union’s request, information regarding the salaries, dates of
employment, or fringe benefits of our employees in the
above units, or any other information requested by the Union
which is necessary for and relevant to the Union’s perform-
ance of its functions as the exclusive collective-bargaining
representative of unit employees.
WE WILL notify the Union, in writing, that we will recog-
nize and bargain with the Union collectively in good faith as
the exclusive representative of our employees in the above
appropriate units with respect to wages, hours, and other
terms and conditions of employment and, if agreements are
reached, to sign such agreements.
WE WILL, at the Union’s request, revoke and rescind, to
the extent requested, all unilateral changes, above described,
in the wages, rates of pay, hours, and other terms and condi-
tions of employment of our unit employees.
WE WILL furnish to the Union information it requested
with regard to our unit employees salaries, dates of employ-
ment, and fringe benefits.
ARECIBO COMMUNITY HEALTH CARE, INC.
D/B/A CENTRO MEDICO DE ARECIBO