Cliff House Senior Living, L.P., d/b/a Residences at Chestnut Ridge

National Labor Relations Board - Unpublished Board Decisions

Mar 1, 2013

04-RC-080782 (N.L.R.B. Mar. 1, 2013)

NOT TO BE INCLUDED PGB
IN BOUND VOLUMES Chester, PA
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CLIFF HOUSE SENIOR LIVING, L.P.,
d/b/a RESIDENCES AT CHESTNUT
RIDGE,
and Case 04-RC-080782
DISTRICT 1199C, NATIONAL UNION
OF HOSPITAL AND HEALTH CARE
EMPLOYEES, AFSCME, AFL-CIO
DECISION AND CERTIFICATION OF RESULTS OF ELECTION
The National Labor Relations Board has considered objections to an election held June
21, 2012, and the hearing officer's report recommending disposition of them. The election was
conducted pursuant to a Stipulated Election Agreement. The tally of ballots shows 28 for and 29
against the Petitioner, with no challenged ballots.
The Board has reviewed the record in light of the exceptions and briefs, has adopted the
hearing officer's findings and recommendations,1 and finds that a certification of results of
election should be issued.
CERTIFICATION OF RESULTS OF ELECTION

1 In adopting the hearing officer’s recommendation to overrule Objection 2, we find that
the evidence fails to establish that the Employer informed employee Leroy Lawrence, during the
critical period, that he would receive health insurance benefits. We therefore find it unnecessary
to pass on the hearing officer’s further finding that informing Lawrence of his receipt of health
insurance during the critical period would not constitute an objectionable grant of benefits.
In adopting the hearing officer’s recommendation to overrule Objection 3, we do not rely
on the hearing officer’s statement that, even if Director of Nursing Denise Johnson urged
employee Lakeiya Hudson to “Just vote the right way. Do what is right. Do the right thing,”
these comments were protected by Sec. 8(c) of the Act. It is settled that Sec. 8(c) does not apply
to representation cases. See Kalin Construction, 321 NLRB 649, 652 (1996).
2
IT IS CERTIFIED that a majority of the valid ballots have not been cast for District
1199C, National Union of Hospital and Health Care Employees, AFSCME, AFL-CIO, and that it
is not the exclusive representative of these bargaining-unit employees.
Dated, Washington, D.C., March 1, 2013.
________________________________
Mark Gaston Pearce, Chairman
________________________________
Richard F. Griffin, Jr., Member
_________________________________
Sharon Block, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD