Enloe Medical Center

National Labor Relations Board - Board Decisions

Jan 25, 2006

346 N.L.R.B. 31 (N.L.R.B. 2006)

346 NLRB No. 31
NOTICE: This opinion is subject to formal revision before publication in the
bound volumes of NLRB decisions. Readers are requested to notify the Ex-
ecutive Secretary, National Labor Relations Board, Washington, D.C.
20570, of any typographical or other formal errors so that corrections can
be included in the bound volumes.
Enloe Medical Center and SEIU, United Healthcare
Workers-West. Case 20–CA–32748
January 25, 2006
DECISION AND ORDER
BY CHAIRMAN BATTISTA AND MEMBERS LIEBMAN
AND SCHAUMBER
This is a refusal-to-bargain case in which the Respon-
dent is contesting the Union’s certification as bargaining
representative in the underlying representation proceed-
ing. Pursuant to a charge filed on October 11, 2005, the
Acting General Counsel issued the complaint on October
20, 2005, alleging that the Respondent has violated Sec-
tion 8(a)(1) and (5) of the Act by refusing the Union’s
request to bargain following the Union’s certification in
Case 20–RC–17938. (Official notice is taken of the “re-
cord” in the representation proceeding as defined in the
Board’s Rules and Regulations, Secs. 102.68 and
102.69(g); Frontier Hotel, 265 NLRB 343 (1982).) The
Respondent filed an answer admitting in part and deny-
ing in part the allegations in the complaint.
On November 10, 2005, the Acting General Counsel
filed a Motion for Summary Judgment. On November
16, 2005, the Board issued an order transferring the pro-
ceeding to the Board and a Notice to Show Cause why
the motion should not be granted. The Respondent filed
a response.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on Motion for Summary Judgment
The Respondent admits its refusal to bargain, but con-
tends that the Union’s certification is invalid because the
Board erred in overruling its objections to the election in
the representation proceeding.1

1 In addition, in its response to the Notice to Show Cause, the Re-
spondent contends, among other things, that the Board erred by failing
to grant the Respondent’s motion to dismiss the Union’s election objec-
tions. However, this motion concerned an election held in a different
unit. In any event, the administrative law judge recommended that the
Union’s objections be overruled, and no exceptions were filed regard-
ing that recommendation. Accordingly, the Board found it unnecessary
to pass on the Respondent’s exceptions relating to the Union’s objec-
tions. 345 NLRB No. 54 fn. 5. Consequently, the Respondent’s con-
tention in this test-of-certification proceeding concerning the Union’s
objections does not raise a relevant or valid issue.
The Respondent has also filed a motion for reconsideration regard-
ing two 8(a)(1) violations found by the Board. That motion is now
pending before the Board. However, those violations were obviously
not a part of the Respondent’s objections to the election herein.
All representation issues raised by the Respondent
were or could have been litigated in the prior representa-
tion proceeding. The Respondent does not offer to ad-
duce at a hearing any newly discovered and previously
unavailable evidence, nor does it allege any special cir-
cumstances that would require the Board to reexamine
the decision made in the representation proceeding. We
therefore find that the Respondent has not raised any
representation issue that is properly litigable in this un-
fair labor practice proceeding. See Pittsburgh Plate
Glass Co. v. NLRB, 313 U.S. 146, 162 (1941). Accord-
ingly, we grant the Acting General Counsel’s Motion for
Summary Judgment.2
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent, a California
corporation with an office and place of business in
Chico, California, has been engaged in business as an
acute care hospital with ancillary clinics and a home
health care operation.
During the 12-month period ending September 30,
2005, the Respondent, in conducting its business opera-
tions described above, derived gross revenues in excess
of $250,000 and purchased and received goods valued in
excess of $5000 from points outside the State of Califor-
nia.
We find that the Respondent is an employer engaged
in commerce within the meaning of Section 2(2), (6), and
(7) of the Act, and that SEIU, United Healthcare Work-
ers-West (the Union) is a labor organization within the
meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
A. The Certification
Following the election held April 1 and 2, 2004, the
Union was certified on August 27, 2005, as the exclusive
collective-bargaining representative of the employees in
the following appropriate unit:
All full-time and regular part-time service employees,
including Anesthesia Techs, Cancer Registrars, Cardio
Cath Lab Aides, Case Management Assistants, Distri-
bution Clerks, EMS Communication Specialists, Tech-
nologist Assistants, Van Drivers, Van Drivers/Techs,
Receptionists/Van Drivers, Sterile Processing Techs,
Cardiovascular Techs (non-invasive), Certified Cardio-
vascular Techs (non-invasive), E.D. Techs, Homemak-
ers, Clinic Techs (except for the Clinic Techs working

2 The Respondent’s request that the complaint be dismissed in its en-
tirety is therefore denied.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
in the Employer’s Los Molinos Clinic, who are eligible
to vote subject to challenge), Transcriptionists I & II,
Medical Records Clerks, Mental Health Workers,
Monitor Techs, CNAs, CNAs-HHAs, Data Analysts,
Chart Analysts, Clerk/Technicians, Lab Assistants,
Nursing Assistants I & II, Patient Monitors, Patient Ac-
cess Reps, Department Clerks (non-business office),
Distribution Couriers, Information Clerks, OR Aides,
Schedulers, Ortho Techs, Liaisons, Perinatal Techs,
Pharmacy Techs, Personal Fitters, RT Equipment
Techs, Rehab Aides, Rehab Technicians, Repair Tech-
nicians, Surgical Supply Techs, Systems Technicians,
Unit Secretaries/CNAs, Unit Secretaries/NAIs, Unit
Secretaries, Warehouse Technicians, Workers Comp
Liaisons, Patient Support Clerks (non-business of-
fice)(except for the Patient Support Clerks working in
the Employer’s Los Molinos clinic, who are eligible to
vote subject to challenge), Facility Workers, Transport-
ers, CNAs/Transporters, Lead Distribution Clerks,
Lead Sterile Processing Techs, Lead Information Desk
Clerks, Lead Patient Support Clerks, Switchboard Op-
erators, Support Group Facilitators, G.I. Techs, and
Computer Operators employed by Enloe Medical Cen-
ter at its current Butte County, California facilities.
The Union continues to be the exclusive representative
under Section 9(a) of the Act.
B. Refusal to Bargain
On about September 15, 2005, the Union, by letter, re-
quested that the Respondent recognize and bargain col-
lectively with it as the exclusive collective-bargaining
representative of the certified unit. Since about Septem-
ber 27, 2005, the Respondent has failed and refused to
recognize and bargain with the Union.
CONCLUSION OF LAW
By failing and refusing since September 27, 2005, to
bargain with the Union as the exclusive collective-
bargaining representative of employees in the appropriate
unit, the Respondent has engaged in unfair labor prac-
tices affecting commerce within the meaning of Section
8(a)(1) and (5) and Section 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent has violated Section
8(a)(1) and (5) of the Act, we shall order it to cease and
desist, to bargain on request with the Union and, if an
understanding is reached, to embody the understanding
in a signed agreement.
To ensure that the employees are accorded the services
of their selected bargaining agent for the period provided
by law, we shall construe the initial period of the certifi-
cation as beginning the date the Respondent begins to
bargain in good faith with the Union. Mar-Jac Poultry
Co., 136 NLRB 785 (1962); Lamar Hotel, 140 NLRB
226, 229 (1962), enfd. 328 F.2d 600 (5th Cir. 1964), cert.
denied 379 U.S. 817 (1964); Burnett Construction Co.,
149 NLRB 1419, 1421 (1964), enfd. 350 F.2d 57 (10th
Cir. 1965).
ORDER
The National Labor Relations Board orders that the
Respondent, Enloe Medical Center, Chico, California, its
officers, agents, successors, and assigns, shall
1. Cease and desist from
(a) Refusing to bargain with SEIU, United Healthcare
Workers-West as the exclusive bargaining representative
of the employees in the bargaining unit.
(b) In any like or related manner interfering with, re-
straining, or coercing 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) On request, bargain with the Union as the exclusive
representative of the employees in the following appro-
priate unit on terms and conditions of employment and, if
an understanding is reached, embody the understanding
in a signed agreement:
All full-time and regular part-time service employees,
including Anesthesia Techs, Cancer Registrars, Cardio
Cath Lab Aides, Case Management Assistants, Distri-
bution Clerks, EMS Communication Specialists, Tech-
nologist Assistants, Van Drivers, Van Drivers/Techs,
Receptionists/Van Drivers, Sterile Processing Techs,
Cardiovascular Techs (non-invasive), Certified Cardio-
vascular Techs (non-invasive), E.D. Techs, Homemak-
ers, Clinic Techs (except for the Clinic Techs working
in the Employer’s Los Molinos Clinic, who are eligible
to vote subject to challenge), Transcriptionists I & II,
Medical Records Clerks, Mental Health Workers,
Monitor Techs, CNAs, CNAs-HHAs, Data Analysts,
Chart Analysts, Clerk/Technicians, Lab Assistants,
Nursing Assistants I & II, Patient Monitors, Patient Ac-
cess Reps, Department Clerks (non-business office),
Distribution Couriers, Information Clerks, OR Aides,
Schedulers, Ortho Techs, Liaisons, Perinatal Techs,
Pharmacy Techs, Personal Fitters, RT Equipment
Techs, Rehab Aides, Rehab Technicians, Repair Tech-
nicians, Surgical Supply Techs, Systems Technicians,
Unit Secretaries/CNAs, Unit Secretaries/NAIs, Unit
Secretaries, Warehouse Technicians, Workers Comp
Liaisons, Patient Support Clerks (non-business of-
fice)(except for the Patient Support Clerks working in
the Employer’s Los Molinos clinic, who are eligible to
vote subject to challenge), Facility Workers, Transport-
ENLOE MEDICAL CENTER 3
ers, CNAs/Transporters, Lead Distribution Clerks,
Lead Sterile Processing Techs, Lead Information Desk
Clerks, Lead Patient Support Clerks, Switchboard Op-
erators, Support Group Facilitators, G.I. Techs, and
Computer Operators employed by Enloe Medical Cen-
ter at its current Butte County, California facilities.
(b) Within 14 days after service by the Region, post at
its facilities in Chico, California, copies of the attached
notice marked “Appendix.”3 Copies of the notice, on
forms provided by the Regional Director for Region 20,
after being signed by the Respondent’s authorized repre-
sentative, shall be posted by the Respondent and main-
tained for 60 consecutive days in conspicuous places,
including all places where notices to employees are cus-
tomarily posted. Reasonable steps shall be taken by the
Respondent to ensure that the notices are not altered,
defaced, or covered by any other material. In the event
that, during the pendency of these proceedings, the Re-
spondent has gone out of business or closed the facilities
involved in these proceedings, the Respondent shall du-
plicate and mail, at its own expense, a copy of the notice
to all current employees and former employees employed
by the Respondent at any time since September 27, 2005.
(c) Within 21 days after service by the Region, file
with the Regional Director a sworn certification of a re-
sponsible official on a form provided by the Region at-
testing to the steps that the Respondent has taken to
comply.
Dated, Washington, D.C. January 25, 2006
Robert J. Battista, Chairman
Wilma B. Liebman, Member
Peter C. Schaumber, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
APPENDIX
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD

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 Na-
tional Labor Relations Board” shall read “Posted Pursuant to a Judg-
ment of the United States Court of Appeals Enforcing an 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 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 bene-
fit and protection
Choose not to engage in any of these protected
activities.
WE WILL NOT refuse to bargain with SEIU, United
Healthcare Workers-West as the exclusive bargaining
representative of the employees in the bargaining unit.
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, on request, bargain with the Union and put in
writing and sign any agreement reached on terms and
conditions of employment for our employees in the bar-
gaining unit:
All full-time and regular part-time service employees,
including Anesthesia Techs, Cancer Registrars, Cardio
Cath Lab Aides, Case Management Assistants, Distri-
bution Clerks, EMS Communication Specialists, Tech-
nologist Assistants, Van Drivers, Van Drivers/Techs,
Receptionists/Van Drivers, Sterile Processing Techs,
Cardiovascular Techs (non-invasive), Certified Cardio-
vascular Techs (non-invasive), E.D. Techs, Homemak-
ers, Clinic Techs (except for the Clinic Techs working
in our Los Molinos Clinic, who are eligible to vote sub-
ject to challenge), Transcriptionists I & II, Medical Re-
cords Clerks, Mental Health Workers, Monitor Techs,
CNAs, CNAs-HHAs, Data Analysts, Chart Analysts,
Clerk/Technicians, Lab Assistants, Nursing Assistants I
& II, Patient Monitors, Patient Access Reps, Depart-
ment Clerks (non-business office), Distribution Couri-
ers, Information Clerks, OR Aides, Schedulers, Ortho
Techs, Liaisons, Perinatal Techs, Pharmacy Techs, Per-
sonal Fitters, RT Equipment Techs, Rehab Aides, Re-
hab Technicians, Repair Technicians, Surgical Supply
Techs, Systems Technicians, Unit Secretaries/CNAs,
Unit Secretaries/NAIs, Unit Secretaries, Warehouse
Technicians, Workers Comp Liaisons, Patient Support
Clerks (non-business office) (except for the Patient
Support Clerks working in our Los Molinos clinic, who
are eligible to vote subject to challenge), Facility
Workers, Transporters, CNAs/Transporters, Lead Dis-
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD4
tribution Clerks, Lead Sterile Processing Techs, Lead
Information Desk Clerks, Lead Patient Support Clerks,
Switchboard Operators, Support Group Facilitators,
G.I. Techs, and Computer Operators employed by us at
our current Butte County, California facilities.
ENLOE MEDICAL CENTER