Dynamic Nursing Services, Inc.

National Labor Relations Board - Unpublished Board Decisions

Jul 19, 2019

31-CA-193325 (N.L.R.B. Jul. 19, 2019)

NOT INCLUDED IN RMcE
BOUND VOLUMES Sherman Oaks, CA
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
DYNAMIC NURSING SERVICES, INC.
and Case 31–CA–193325
SANTOS TENA
ORDER APPROVING STIPULATION, GRANTING MOTION, AND TRANSFERRING
PROCEEDING TO THE BOARD
This matter comes before the National Labor Relations Board upon the joint
motion of Respondent Dynamic Nursing Services, Inc., Charging Party Santos Tena,
and the General Counsel to waive a hearing and decision by an administrative law
judge and to transfer the proceeding to the Board for a decision based on the stipulated
record.
On September 29, 2017, the General Counsel, through the Acting Regional
Director for Region 31, issued a complaint and notice of hearing alleging that since
about December 21, 2013, and at all material times, the Respondent has maintained an
Alternative Dispute Resolution Agreement that precludes employees from, or restricts
them in, filing unfair labor practice charges with the Board. The complaint further
alleges that, by this conduct, the Respondent has been interfering with, restraining, and
coercing employees in the exercise of the rights guaranteed in Section 7 of the Act in
violation of Section 8(a)(1) of the Act.
On July 23, 2018, the parties filed a joint motion and stipulation of facts with the
Board. Pursuant to Section 102.35(a)(9) of the Board’s Rules and Regulations, the
parties have waived a hearing before an administrative law judge and agreed to submit
the record in this case directly to the Board for findings of fact, conclusions of law, and a
Decision and Order. The parties have requested that the Board set a time for the filing
of briefs.
The Board having considered the matter,
IT IS ORDERED that the Joint Motion is granted and the case is transferred to
and continued before the Board in Washington, D.C., for the purpose of issuing findings
of fact, conclusions of law, and a Decision and Order.
IT IS FURTHER ORDERED that the stipulated record, which consists of the joint
motion and stipulation of facts, General Counsel Exhibits 1(a) through 1(t), Respondent
Exhibits 2 through 15, and a statement of the issues presented, is approved and made
part of the record.
The parties may file initial briefs with the Board in Washington, D.C., on or before
August 9, 2019, and answering briefs within 14 days thereafter in accordance with
Section 102.35(a)(9) of the Board’s Rules and Regulations.
Dated, Washington, D.C., July 19, 2019.
By direction of the Board:
Roxanne L. Rothschild
____________________
Executive Secretary