Human Development Assn.

National Labor Relations Board - Board Decisions

Aug 22, 1994

314 N.L.R.B. 821 (N.L.R.B. 1994)

821
314 NLRB No. 133
HUMAN DEVELOPMENT ASSN.
1 At the hearing the Charging Parties objected to the settlement
stipulation and refused to enter into it. Charging Party District 6,
filed written objections with the Board on August 5, 1994. We have
considered the objections and, for the reasons stated by the judge,
find they do not form a basis for rejecting the settlement stipulation.
Human Development Association, Inc. and 1199 Na-
tional Health and Human Service Employees
Union and District 6, International Union of
Industrial, Service, Transport and Health Em-
ployees Union. Cases 29–CA–18269 and 29–CA–
18299
August 22, 1994
DECISION AND ORDER
BY MEMBERS STEPHENS, DEVANEY, AND
BROWNING
STATEMENT OF THE CASES
On August 3, 1994, Human Development Associa-
tion, Inc. (the Respondent) and the General Counsel of
the National Labor Relations Board entered into a stip-
ulation, in settlement of the cases, approved by Admin-
istrative Law Judge D. Barry Morris1 and subject to
the Board’s approval, providing for the entry of a con-
sent order by the Board and a consent judgment by
any appropriate United States court of appeals. The
parties waived all further and other proceedings before
the Board to which they may be entitled under the Na-
tional Labor Relations Act and the Board’s Rules and
Regulations, and the Respondent waived its right to
contest the entry of a consent judgment or to receive
further notice of the application therefor.
The Board has delegated its authority in this pro-
ceeding to a three-member panel.
The stipulation is approved and made a part of the
record, and the proceeding is transferred to and contin-
ued before the Board in Washington, D.C., for the
entry of a Decision and Order pursuant to the provi-
sions of the stipulation.
On the basis of the stipulation and the entire record,
the Board makes the following
FINDINGS OF FACT
I. THE RESPONDENT’S BUSINESS
The Respondent is, and has been at all times mate-
rial, a corporation duly organized under, and existing
by virtue of, the laws of the State of New York.
At all times material, the Respondent has had its
principal office and place of business located at 12
Heyward Street, in the Borough of Brooklyn, city and
State of New York (the Brooklyn facility), where it
has been engaged in the provision of home care attend-
ant services to Medicaid recipients pursuant to a con-
tract with the city of New York, Department of Social
Services of the Human Resources Administration.
During the past year, the Respondent, in the course
and conduct of its business operations described above,
derived gross revenues valued in excess of $500,000
from the State of New York.
During the past year, the Respondent, in the course
and conduct of its business operations described above,
purchased and received at its Brooklyn facility prod-
ucts, goods, and materials valued in excess of $50,000,
directly from points located outside of the State of
New York.
The Respondent admits, and we find, that it is an
employer engaged in commerce within the meaning of
Section 2(2), (6), and (7) of the Act.
II. THE LABOR ORGANIZATIONS INVOLVED
1199 National Health and Human Service Employ-
ees Union is a labor organization within the meaning
of Section 2(5) of the Act.
District 6, International Union of Industrial, Service,
Transport and Health Employees Union is a labor or-
ganization within the meaning of Section 2(5) of the
Act.
United Production Workers Union, Local 17-18 is a
labor organization within the meaning of Section 2(5)
of the Act.
ORDER
On the basis of the above stipulation, and the entire
record, and pursuant to Section 10(c) of the National
Labor Relations Act, the National Labor Relations
Board orders that the Respondent, Human Develop-
ment Association, Inc., Borough of Brooklyn, city and
State of New York, its officers, agents, successors, and
assigns, shall
1. Cease and desist from
(a) Coercively interrogating its employees regarding
their choice in a Board election.
(b) Directing its employees not to vote for 1199, or
any other labor organization.
(c) Promising employees dental and retirement bene-
fits and a ‘‘good job’’ to induce employees to vote
‘‘no’’ in the Board election.
(d) Directing its employees to bring their Board
election ballots to any mandatory meeting held by the
Respondent.
(e) Directing its employees to provide it with their
Board election ballot.
(f) Promising employees work assignments if they
provided their Board election ballot.
(g) Confiscating Board election ballots from em-
ployees.
(h) Marking employees’ Board election ballots.
(i) Directing employees in the marking of their
Board election ballots.
(j) Directing its employees not to select a union or
select ‘‘none’’ on the Board’s election ballot.
822 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
2 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
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.’’
(k) In any other manner interfering with, restraining,
or coercing employees in the exercise of their right to
self-organization, to form, join, or assist labor organi-
zations, to bargain collectively through representatives
of their own choosing, and to engage in other con-
certed activities for the purpose of collective bar-
gaining or other mutual aid or protection, and to re-
frain from any and all such activities except to the ex-
tent that such right may be affected by an agreement
requiring membership in a labor organization as a con-
dition of employment as authorized by Section 8(a)(3)
of the National Labor Relations Act.
2. Take the following affirmative action which the
National Labor Relations Board finds will effectuate
the policies of the National Labor Relations Act.
(a) Post at its Brooklyn facility copies of the at-
tached notice marked ‘‘Appendix.’’2 Copies of the no-
tice, on forms provided by the Regional Director for
Region 29, after being signed by the Respondent’s au-
thorized representative, shall be posted by the Re-
spondent 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 Re-
spondent to ensure that the notices are not altered, de-
faced, or covered by any other material.
(b) Provide to the Regional Director for Region 29
mailing labels so that the Regional Director can mail
to all unit employees, in English and translated into
their native languages, copies of the attached notice.
(c) Provide the Regional Director for Region 29 suf-
ficient copies of the attached notice that have been
signed by the Respondent’s authorized representative,
for mailing to 1199, District 6, and Local 17-18.
(d) Pay for all costs incurred in conducting a second
election in Case 29–RC–6136, the expenditures to be
at the sole discretion of the Regional Director for Re-
gion 29 and the costs to include, inter alia, printing,
translating, postage, mailing, and polling site rentals;
and reimburse the United States Government for all
fees and costs incurred through use of Board per-
sonnel, including Board attorneys, in conducting the
second election; the Respondent’s obligation to pay for
the costs of conducting a second election and to reim-
burse the United States Government for all fees and
costs incurred through use of Board personnel, includ-
ing Board attorneys, is not to exceed $75,000.
(e) It is agreed and understood that any disputes that
may arise in connection with the Respondent’s obliga-
tion to reimburse the United States Government, the
National Labor Relations Board, for all costs in con-
ducting a second election, as set forth above, shall be
exclusively and finally resolved by the Regional Direc-
tor for Region 29.
(f) Notify the Regional Director in writing within 20
days from the date of this Order what steps the Re-
spondent has taken to comply.
APPENDIX
NOTICE TO EMPLOYEES
POSTED BY THE ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
Section 7 of the Act gives employees these rights.
To organize
To form, join, or assist any union
To bargain collectively through representatives
of their own choice
To act together for other mutual aid or protec-
tion
To choose not to engage in any of these pro-
tected concerted activities.
WE WILL NOT interrogate our employees regarding
their choice in any election conducted by the National
Labor Relations Board.
WE WILL NOT direct our employees not to vote for
1199 National Health and Human Service Employees
Union, or any other labor organization, in any election
conducted by the Board.
WE WILL NOT promise our employees dental or re-
tirement benefits, or a ‘‘good job,’’ or any other bene-
fits to induce them to vote ‘‘no’’ in any election con-
ducted by the Board.
WE WILL NOT direct our employees to bring their
Board election ballots to any mandatory meeting held
by us.
WE WILL NOT direct our employees to provide us
with their Board election ballots or promise them work
assignments or other benefits if they provide their bal-
lots to us.
WE WILL NOT confiscate Board election ballots from
our employees, or mark employees’ Board election
ballots, or direct employees in the marking of their
ballots.
WE WILL NOT direct our employees not to select a
union or to select ‘‘none’’ on the Board’s election bal-
lot.
WE WILL NOT in any other manner interfere with,
restrain, or coerce our employees in the exercise of
their rights to self-organization, to form labor organiza-
tions, to join, or assist any labor organization, to bar-
gain collectively through representatives of their own
823HUMAN DEVELOPMENT ASSN.
choosing and to engage in other concerted activities for
the purpose of collective bargaining or other mutual
aid or protection, or to refrain from any and all such
activities to the extent that such right may be affected
by an agreement requiring membership in a labor orga-
nization as a condition of employment as authorized in
Section 8(a)(3) of the National Labor Relations Act, as
modified by the Labor Management Reporting Disclo-
sure Act of 1959.
We have agreed that the mail ballot election con-
ducted in Case 29–RC–6136 shall be set aside, and
that a second election shall be conducted in Case 29–
RC–6136, and WE WILL pay for all costs incurred in
conducting a second election in Case 29–RC–6136, the
expenditures to be at the sole discretion of the Re-
gional Director for Region 29 and the costs to include,
inter alia, printing, translating, postage, mailing, and
polling site rentals; and reimburse the United States
Government for all fees and costs incurred through use
of Board personnel, including Board attorneys, in
conduting the second election; our obligation to pay
for the costs of conducting a second election and to re-
imburse the United States Government for all fees and
costs incurred through use of Board personnel, includ-
ing Board attorneys, is not to exceed $75,000.
HUMAN DEVELOPMENT ASSOCIATION, INC.