Gateway Community Hospital

National Labor Relations Board - Board Decisions

Jun 25, 1990

298 N.L.R.B. 853 (N.L.R.B. 1990)

GATEWAY COMMUNITY HOSPITAL
Gateway Community Hospital and KTS Group, Inc.,
d/b/a Gateway Community Hospital and Local
50, Service Employees International Union,
AFL-CIO, CLC. Cases 14-CA-20471-1 and
14-CA-20471-2
June 25., 1990
DECISION AND ORDER
BY MEMBERS CRACRAFT , DEVANEY, AND
OvIA.TT
On charges filed on December 5, 1989, and
amended charges filed on January 19, 1990, by
Local 50, Service Employees International Union,
AFL--CIO, CLC, the General Counsel of the Na-
tional Labor Relations Board issued a consolidated
complaint on January 26., 1990 , against the Re-
spondent , Gateway Community Hospital and KTS
Group , Inc., d/b/a Gateway Community Hospital.
The complaint alleges that the Respondent has en-
gaged in certain unfair labor practices affecting
commerce within the meaning of Section 8(a)(5)
and (1 ) of the National Labor Relations Act. Al-
though properly served copies of the charges and
complaint , the Respondent failed to file an answer.
On March 6 , 1990 , the General Counsel, the
Charging Party , and the Respondent filed a joint
motion to transfer the proceeding to the Board. In
support of their motion , the parties stipulated that
the Respondent waives the filing of an answer and
admits all allegations in the complaint . They fur-
ther stipulate that the motion and attached formal
documents constitute the entire record in this pro-
ceeding, and that no oral testimony is necessary or
desired. The parties also stipulate that they waive a
hearing before an administrative law judge, the
making of findings of fact and conclusions of law
by an administrative law judge, the issuance of an
administrative law judge's decision , and the filing
of briefs with the Board . The parties desire to
submit these cases directly to the Board for find-
ings of fact, conclusions of law , and entry of an
order providing for an appropriate remedy.
The National Labor Relations Board has delegat-
ed its authority in this matter to a three-member
panel.
The Board grants the parties' motion to transfer
the proceeding to the Board directly for decision
on the admitted allegations in the complaint. On
the entire record , the Board makes the following
FINDINGS OF FACT
1. JURISDICTION
The Respondent, an Illinois corporation, is en-
gaged in providing inpatient and outpatient medical
and professional care services at a health care facil-
853
ity in East St. Louis, Illinois. During the 12-month
period ending December 31, 1989, the Respondent,
in the course and conduct of its business operations
at its East St. Louis facility, derived gross revenues
in excess of $250,000. During this same period, the
Respondent purchased and received at its East St.
Louis facility products, goods, and materials valued
in excess of $5000 directly from points outside the
State of Illinois.
We find that the Respondent is an employer en-
gaged in commerce within the meaning of, Section
2(6) and (7) of the Act and that the Union is a
labor organization within the meaning of Section
2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
A. The Union's Representative Status
Since about 1978 or 1979, and at all times materi-
al, the Union has been the designated exclusive col-
lective-bargaining representative, within the mean-
ing of Section 9(a) of the Act, of the Respondent's
employees in the following unit, which is appropri-
ate for bargaining within the meaning of Section
9(b) of the Act:
All food service workers, housekeepers No.
1 light duty, linen room attendants, salad
makers, bakers, cooks, housekeepers No. 2
heavy duty, physical therapy aides, refuse and
laundry handlers, sewing machine operators,
special diet cooks, x-ray aides, central service
aides, nurse assistants, operation room aides,
storekeepers, maintenance workers class B,
painters, painters' helpers, maintenance help-
ers, electricians, air conditioning and heating
employees, plumbers and carpenters, EX-
CLUDING all office employees, professional
employees, registered nurses, licensed practical
nurses, guards, and supervisors as defined in
the Act.
Since about 1978 or 1979, the Respondent has
recognized the Union as the exclusive bargaining
representative of unit employees. Recognition has
been embodied in successive collective-bargaining
agreements, the most recent of which was effective
by its terms from February 1, 1989, to January 31,
1990, and has been extended until January 31, 1991.
B. Refusal to Bargain
The parties' current collective-bargaining agree-
ment provides in article IV, VII, and XVI that the
Respondent will pay employees the contractual
wage rate, remit to the Union dues checked off and
deducted from employees' wages, and contribute to
the Union's Health and Welfare Plan and Pension
298 NLRB No. 123
854 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
Plan. Since about June 6, 1989, and continuing to
date, the Respondent has failed and refused to pay
employees the contractual wage rate and has failed
and refused to make its required contributions to
the Union's Health and, Welfare Plan and Pension
Plan. Since about September 1989, and continuing
to date, the Respondent has failed to remit contrac-
tually checked-off dues to the Union.
The Respondent has engaged in the acts and
conduct described above without notifying the
Union, and without affording the Union an oppor-
tunity to bargain as the exclusive representative of
the Respondent's employees, and without the
Union's consent. We find that this constitutes a re-
fusal to bargain in violation of Section 8(a)(5) and
(1) of the Act.
CONCLUSION OF LAW
By failing and refusing to pay employees the
contractual wage rate , to contribute to the Union's
Health and Welfare Plan and Pension Plan, and to
remit contractually checked-off dues to the Union,
the Respondent has engaged in unfair labor prac-
tices affecting commerce within the meaning of
Section 8(a)(5) and (1) and Section 2(6) and (7) of
the Act.
REMEDY
Having found that the Respondent has engaged
in certain unfair labor practices, we shall order it
to cease and desist and to take certain affirmative
action designed to effectuate the policies of the
Act. Specifically, we shall order the Respondent to
adhere to the parties' contractual provisions for
unit employees' wage rates, for remitting checked-
off dues to the Union, and for contributions to the
Union's Health and Welfare Plan and Pension Plan.
We shall also order the Respondent to make whole
its employees for its unlawful failure to pay them
the contractual wage rate, and for any expenses en-
suing from its unlawful failure to make health and
welfare and pension plan contributions.' Such sums
shall be computed in the manner set forth in Ogle
Protection Service, 183 NLRB 682, 683 (1970), with
interest as prescribed in New Horizons for the Re-
tarded, 283 NLRB 1173 (1987). Further, we shall
order the Respondent to reimburse the Union, with
interest as prescribed in New Horizons, supra, for
checked-off union dues that it failed and refused to
remit to the Union in accordance with the collec-
tive-bargaining agreement. Finally, we shall order
that the Respondent pay all required contributions
1 See Kraft Plumbing & Heating, 252 NLRB 891 fn 2 (1980), enfd
mem 661 F 2d 940 (9th Cir 1981)
that it unlawfully failed to pay to the Union's
Health and Welfare Plan and Pension Plan.2
ORDER
The National Labor Relations Board orders that
the Respondent, Gateway Community Hospital and
KTS Group, Inc., d/b/a Gateway Community
Hospital, East St. Louis, Illinois, its officers, agents,
successors, and assigns, shall
1. Cease and desist from
(a) Refusing to bargain collectively with Local
50, Service Employees International Union, AFL-
CIO, CLC as the exclusive bargaining representa-
tive of its employees in the following appropriate
unit, by failing to adhere to its collective-bargain-
ing agreement with the Union with respect to unit
employees' wage rate and contributions to the
Union's Health and Welfare Plan and Pension Plan,
and remitting to the Union dues checked off and
deducted from employees' pay. The appropriate
unit is:
All food service workers, housekeepers No.
1 light duty, linen room attendants, salad
makers, bakers, cooks, housekeepers No. 2
heavy duty, physical therapy aides, refuse and
laundry handlers, sewing machine operators,
special diet cooks, x-ray aides, central service
aides, nurse assistants , operation room aides,
storekeepers, maintenance workers class B,
painters, painters' helpers, maintenance help-
ers, electricians , air conditioning and heating
employees, plumbers and carpenters, EX-
CLUDING all office employees, professional
employees, registered nurses, licensed practical
nurses, guards, and supervisors as defined in
the Act.
(b) In any like or related manner interfering
with, restraining, or coercing employees in the ex-
ercise of the rights guaranteed them by Section 7
of the Act.
2. Take the following affirmative action neces-
sary to effectuate the policies of the Act.
(a) Apply to its unit employees the terms of the
collective-bargaining agreement with the Union.
(b) Make its employees whole, in the manner set
forth in the remedy section of this Decision and
Order, for any losses suffered as a result of the Re-
spondent's unlawful failure to pay them wages in
2 Because the provisions of employee benefit fund agreements are vari-
able and complex, the Board does not provide for the payment of a fixed
rate of interest on unlawfully withheld fund payments at the adjudicatory
stage of a proceeding. We leave to the compliance stage the question
whether the Respondent must pay any additional amounts into the benefit
funds in order to satisfy our "make-whole" remedy Such additional
amounts shall be determined in the manner set forth in Merryweather Op-
tical Co., 240 NLRB 1213, 1216 fn 7 (1979)
GATEWAY COMMUNITY HOSPITAL 855
accord with the terms of the current collective-bar-
gaining agreement.
(c) Reimburse the Union , in the manner set forth
in the remedy section of this Decision and Order,
for any checked-off dues that the Respondent
failed to remit to the Union in accord with the
terms of the current collective -bargaining agree-
ment.
(d) Make unit employees whole, in the manner
set forth in the remedy section of this Decision and
Order , by making all contractually required contri-
butions to the Union 's health and welfare and pen-
sion funds that the Respondent has unlawfully
failed to make and by reimbursing , with interest,
unit employees for any expenses they incurred as a
result of the Respondent 's failure to make contrac-
tually required welfare trust fund contributions.
(e) Preserve and, on request , make available to
the Board or its agents for examination and copy-
ing, all payroll records, social security payment
records, timecards , personnel records and reports,
and all other records necessary to analyze the
amount of backpay due under the terms of this
Order.
(f) Post at its facility in East St. Louis, Illinois,
copies of the attached notice marked "Appendix."3
Copies of the notice , on forms provided by the Re-
gional Director for Region 14, after being signed
by the Respondent ' s authorized representative,
shall be posted by the Respondent 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 Respondent
to ensure that the notices are not altered , defaced,
or covered by any other material.
(g) Notify the Regional Director in writing
within 20 days from the date of this Order what
steps the Respondent has taken to comply.
3 If this Order is enforced by a judgment of a United States court of
appeals, the words in the notice reading "Posted by Orden of the Nation-
al Labor Relations Board" shall read "Posted Pursuant to a Judgment of
the United States Court of Appeals Enforcing an Order of the National
Labor Relations Board "
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
our employees in the appropriate bargaining unit
described below , by refusing and failing to apply
the terms of our collective -bargaining agreement
with that Union with respect to unit employees'
wage rate and contributions to the Union 's Health
and Welfare Plan and Pension Plan, and to remit-
ting to the Union dues checked off and deducted
from employees ' pay. The appropriate unit is:
All food service workers, housekeepers No.
1 light duty, linen room attendants, salad
makers, bakers, cooks , housekeepers No. 2
heavy duty, physical therapy aides , refuse and
laundry handlers, sewing machine operators,
special diet cooks, x-ray aides, central service
aides, nurse assistants , operation room aides,
storekeepers , maintenance workers class B,
painters, painters ' helpers, maintenance help-
ers, electricians , air conditioning and heating
employees , plumbers and carpenters, EX-
CLUDING all office employees , professional
employees, registered nurses, licensed practical
nurses, guards , and supervisors as defined in
the Act.
WE WILL NOT in any like or related manner
interfere with, restrain , or coerce you in the exer-
cise of the rights guaranteed you by Section 7 of
the Act.
WE WILL apply to our employees in the appro-
priate unit the terms of our collective -bargaining
agreement with the Union.
WE WILL make employees whole for any losses
suffered as a result of our unlawful failure to pay
them wages in accord with the terms of our cur-
rent collective -bargaining agreement.
WE WILL reimburse the Union for any checked-
off dues that we have failed to remit to the Union
in accord with the terms of our current collective-
bargaining agreement.
WE WILL make our employees whole by making
all contractually required contributions to the
Union's health and welfare and pension funds that
we have unlawfully failed to make and by reim-
bursing, with interest, unit employees for any ex-
penses they incurred as a result of our failure to
make such contributions.
GATEWAY COMMUNITY HOSPITAL
AND KTS GROUP , INC., D/B/A
GATEWAY COMMUNITY HOSPITAL
The National Labor Relations Board has found
that we violated the National Labor Relations Act
and has ordered us to post and abide by this notice.
WE WILL NOT refuse to bargain collectively with
Local 50, Service Employees International Union,
AFL-CIO , CLC as the exclusive representative of