Highland Acres Extend-A-Care Center

National Labor Relations Board - Board Decisions

Feb 4, 1976

222 N.L.R.B. 719 (N.L.R.B. 1976)

HIGHLAND ACRES EXTEND-A-CARE CENTER 719
Highland Acres Extend-A-Care Center and Highland
Acres Nurses ' Association , Unit #53, Connecticut
Nurses' Association. Case 1-CA-10904
thority in this proceeding to a three-member panel.'
Upon the entire record in this proceeding, the
Board makes-the following:
February 4, 1976
DECISION AND ORDER
BY CHAIRMAN MURPHY AND MEMBERS FANNING
AND JENKINS
Upon a charge filed on July 25, 1975, by Highland
Acres Nurses' Association, Unit #53, Connecticut
Nurses' Association, herein called the Union, and
duly served on Highland Acres Extend-A-Care Cen-
ter, herein called the Respondent, the Acting General
Counsel, herein called the General Counsel, of the
National Labor Relations' Board, by the Acting Re-
gional Director for Region 1, issued a complaint on
September 15, 1975, against Respondent, alleging
that Respondent had engaged in and was engaging in
unfair labor practices affecting commerce within the
meaning of Section 8(a)(5) and (1) and Section 2(6)
and (7) of the National Labor Relations Act, as
amended. Copies of the charge, complaint, and no-
tice of hearing before an Administrative Law Judge
were duly served on the parties to this proceeding.
With respect to the unfair labor practices, the com-
plaint alleges in substance that since on or about Au-
gust 22, 1974, the Union has been the representative
for the purposes of collective bargaining of a majori-
ty of the registered nurses and licensed practical
nurses employed at the Respondent's nursing home
and, by virtue of Section 9(a) of the Act, it has been
and is now the exclusive representative of -all the em-
ployees of said unit; and that commencing on_ or
about July 3, 1975, and at all times thereafter, Re-
spondent has refused, and continues to date to re-
fuse, to sign a written collective-bargaining contract,
embodying rates of pay, wages, hours of employ-
ment, or other conditions of employment, agreed
upon between Respondent and the Union, although
the Union has requested it to do so. Respondent
failed to file an answer.
On November 12, 1975, counsel for the General
Counsel filed directly with the Board a Motion for
Summary Judgment. Subsequently, on November 25,
1975, the Board issued an order transferring the pro-
ceeding to the Board and a Notice To Show` Cause
why the General Counsel's Motion for Summary
Judgment should not be granted. Respondent did
not file a response to Notice To Show Cause.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
Ruling on the Motion for Summary Judgment
Section 102.20 of the Board's Rules and Regula-
tions, Series 8, as amended, provides as follows:
The respondent shall, within 10 days from the
service of the complaint, file an answer thereto.
The respondent shall specifically admit, deny, or
explain each of the facts alleged in the com-
plaint, unless the respondent is without knowl-
edge, in which case the respondent shall so state,
such statement operating as a denial. All allega-
tions in the complaint, if no answer is filed, or
any allegation in the complaint not specifically
denied or explained in an answer filed, unless
the respondent shall state in the answer that he
"is without knowledge, shall be deemed to be ad-
mitted to be true and shall be so found by the
Board, unless good cause to the contrary is
shown.
The complaint and notice of hearing duly served
on the Respondent specifically states that unless an
answer to the complaint is filed by the Respondent
within 10 days of service thereof "all of the allega-
tions in the Complaint shall be deemed to be admit-
ted to be true and may be so found by the Board."
The complaint issued on September 15, 1975. Ac-
cording to the allegation of the Motion for Summary
Judgment, an answer to the complaint not having
been received, counsel for the General Counsel in-
formed Respondent on October 7, 1975, by regis-
tered mail, return receipt requested, that if no answer
were received by the Regional Office by the close of
business, October 13, 1975, a Motion for Summary
Judgment would be filed. On October 8, 1975, Re-
spondent by telephone advised counsel for the Gen-
eral Counsel that an answer would be forthcoming.
An answer not having been received, counsel for the
General Counsel again informed the Respondent on
October 23, 1975, that if no answer were received by
the Regional Office by the close of business on Octo-
ber 29, 1975, a Motion for Summary Judgment
would be filed.
Despite the two extensions granted by the counsel
for the General Counsel, Respondent did not at any
time file an answer to the complaint; nor did it file a
response to the Notice To Show Cause, ' and, there-
fore, the allegations of the General Counsel's Motion
for Summary Judgment stand uncontroverted. No
good cause to the contrary having been, shown, in
accordance with the rules set forth above, the allega-
222 NLRB No. 114
720 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tions of the complaint are deemed to be admitted
and are found to be true. We shall, accordingly,
grant the Motion for Summary Judgment.
On the basis of the entire record, the Board makes
the following:
FINDINGS OF FACT
2. The representative status of the Union
At all times since on or about August 22, 1974, the
Union has been the representative for the purposes
of collective bargaining of a majority of the employ-
ees in the unit described above and, by virtue of Sec-
tion 9(a) of the Act, has been and is now the exclu-
sive representative of all the employees in said unit.
I. THE BUSINESS OF THE RESPONDENT
Respondent is a Connecticut corporation with its
principal office and place of business at 108 East
Lake Street, Winsted, Connecticut, where it is en-
gaged in the operation of a nursing home. Respon-
dent annually purchases supplies, goods, and materi-
als valued in excess of $50,000 either directly from
points located outside the State of Connecticut or
from points within the State of Connecticut where
the supplies, goods, and materials originated outside
the State of Connecticut. Respondent's annual gross
volume of income exceeds $100,000.
We find, on the basis of the foregoing, the Respon-
dent is, and has been at all times material herein, an
employer engaged in commerce within the meaning
of Section 2(6) and (7) of the Act, and that it will
effectuate the policies of the Act to assert jurisdiction
herein.
II. THE LABOR ORGANIZATION INVOLVED
Highland Acres Nurses' Association, Unit #53,
Connecticut Nurses' Association, is a labor organiza-
tion within the meaning of Section 2(5) of the Act.
III. THE UNFAIR LABOR PRACTICES
A. The 8(a)(5) and (1) Violations
1. The unit
The following employees of the Respondent con-
stitute a unit appropriate for collective -bargaining
purposes within the meaning of Section 9(b) of the
Act:
All registered nurses and licensed practical
nurses employed by Respondent at its Winsted,
Connecticut location but excluding all other em-
ployees, office clerical employees, guards and all
supervisors as defined in Section 2(11) of the
Act.'
i See International Telephone & Telegraph Corporation (ITT Federal Labo-
ratories), 159 NLRB 1757 (1966), Vincent Drugs No 3, Inc, 144 NLRB 1247
(1963).
3. The request and refusal to bargain
On or about July 3, 1975, the Union requested Re-
spondent to sign a written collective-bargaining con-
tract embodying rates of pay, wages, hours of em-
ployment, or other conditions of employment agreed
upon between Respondent and the Union covering
the employees in the unit described above. Since on
or about July 3, 1975, and at all times thereafter,
Respondent did refuse and continues to refuse to
sign the aforementioned written collective-bargain-
ing agreement.
Accordingly, we find that, by its refusal to execute
said agreement, since July 3, 1975, and at all times
thereafter, Respondent has engaged in and is engag-
ing in unfair labor practices within the meaning of
Section 8(a)(5) and (1) of the Act .2
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON
COMMERCE
The activities of Respondent, set forth in section
III, above, occurring in connection with its opera-
tions described in section I, above, have a close, inti-
mate, and substantial relationship to trade, traffic,
and commerce among the several States and tend to
lead to labor disputes burdening and obstructing
commerce and the free flow of commerce.
V. THE REMEDY
Having found that Respondent has engaged in and
is engaging in unfair labor practices within the mean-
ing of Section 8(a)(5) and (1) of the Act, we shall
order that it cease and desist therefrom , and that it
take certain affirmative action as set forth below de-
signed to effectuate the purposes and policies of the
Act.
The Board , upon the basis of the foregoing facts
and the entire record , makes the following:
CONCLUSIONS OF LAW
1. Highland Acres Extend-A-Care Center is an
2 H J Heinz Company v.NLRB , 311 US 314 ( 1941). see also C & W
Lektra Bat Co, 209 NLRB 1038 (1974)
HIGHLAND ACRES EXTEND-A-CARE CENTER 721
employer engaged in commerce within the meaning
of Section 2(6) and (7) of the Act.
2. Highland Acres Nurses' Association, Unit #53,
Connecticut Nurses' Association, is a labor organiza-
tion within the meaning of Section 2(5) of the Act.
3. All registered nurses and licensed practical
nurses employed by Respondent at its Winsted, Con-
necticut location but excluding all other employees,
office clerical employees, guards and all supervisors
as defined in Section 2(11) of the Act, constitute a
unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9(b) of the
Act.
4. Since August 22, 1974, the above-named labor
organization has been and now is the duly designated
and exclusive representative of all employees in the
aforesaid appropriate unit for the purpose of collec-
tive bargaining within the meaning of Section 9(a) of
the Act.
5. By refusing on or about July 3, 1975, and at all
times thereafter, to sign the written collective-bar-
gaining contract embodying rates of pay, wages,
hours of employment, or other conditions of employ-
ment agreed upon between Respondent and the
Union, Respondent has engaged in and is engaging
in unfair labor practices within the meaning of Sec-
tion 8(a)(5) of the Act.
6. By the aforesaid refusal to execute the agree-
ment, Respondent has interfered with, restrained,
and coerced, and is interfering with, restraining, and
coercing, employees in the exercise of the rights guar-
anteed to them in Section 7 of the Act, and thereby
has engaged in and is engaging in unfair labor prac-
tices within the meaning of Section 8(a)(1) of the Act.
7. The aforesaid unfair labor practices are unfair
labor practices affecting commerce within the mean-
ing of Section 2(6) and (7) of the Act.
appropriate unit:
All registered nurses and licensed practical
nurses employed by Respondent at its Winsted,
Connecticut location but excluding all other em-
ployees, office clerical employees, guards and all
supervisors as defined in Section 2(11) of the
Act.
(b) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them in Section 7 of the Act.
2. Take the following affirmative action which the
Board finds will effectuate the policies of the Act:
(a) Upon request, forthwith execute the written
collective-bargaining contract embodying rates of
pay, wages, hours of employment, or other condi-
tions of employment agreed upon between Respon-
dent and the Union.
(b) Post at its Winsted, Connecticut, location cop-
ies of the attached notice marked "Appendix." 3 Cop-
ies of said notice, on forms provided by the Regional
Director for Region 1, after being duly signed by
Respondent's representative, shall be posted by Re-
spondent immediately upon receipt thereof, and be
maintained by it for 60 consecutive days thereafter,
in conspicuous places, including all places where no-
tices to employees are customarily posted. Reason-
able steps shall be taken by Respondent to insure
that said notices are not altered, defaced, or covered
by any other material.
(c) Notify the Regional Director for Region 1, in
writing, within 20 days from the date of this Order,
what steps have been taken to comply herewith.
3In the event that 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 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."
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor Re-
lations Board hereby orders that the Respondent,
Highland Acres, Extend-A-Care Center, Winsted,
Connecticut, its officers, agents, successors, and as-
signs, shall:
1. Cease and desist from:
(a) Refusing to bargain collectively in good faith
with Highland Acres Nurses' Association, Unit #53,
Connecticut Nurses' Association by refusing to sign
the collective-bargaining contract embodying rates
of pay, wages, hours of employment, or other condi-
tions of employment agreed upon between Respon-
dent and the Union as the exclusive bargaining rep-
resentative of its employees in the following
APPENDIX
NOTICE To EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT refuse to bargain collectively
concerning rates of pay, wages, hours, and other
terms and conditions of employment with High-
land Acres Nurses' Association, Unit #53, Con-
necticut Nurses' Association as the exclusive
representative of the employees in the bargain-
ing unit described below.
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce our employees
722 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the exercise of the rights guaranteed them by
Section 7 of the Act.
WE WILL forthwith execute the written collec-
tive-bargaining contract embodying rates of
pay, wages, hours of employment, or other con-
ditions of employment agreed upon between Re-
spondent and the Union. The bargaining unit is:
All registered nurses and licensed practical
nurses employed by Respondent at its Win-
sted, Connecticut location but excluding all
other employees, office clerical employees,
guards and all supervisors as defined in Sec-
tion 2(11) of the Act.
HIGHLAND ACRES EXTEND-A-CARE CENTER