Kenosha Memorial Hospital, Inc.

National Labor Relations Board - Board Decisions

Jul 19, 1985

275 N.L.R.B. 1127 (N.L.R.B. 1985)

KENOSHA MEMORIAL HOSPITAL
Kenosha Memorial Hospital , Inc. and Warehouse,
Mail Order, Office, Technical and Professional
Employees Union Local 743 affiliated with the
International Brotherhood of Teamsters , Chauf-
feurs, Warehousemen and Helpers of America,
Petitioner . Case 30-RC-4351 -
19 July 1985 _
tc,itrs&. ;DECISION;ANDc.DIRECTION OF
SECOND ELECTION
BY CHAIRMAN DOTSON' AND MEMBERS
HUNTER AND DENNIS
The National Labor Relations Board has consid-
ered objections to an election held 24 May 1984
and the hearing officer's report recommending dis-
position of them. The election was conducted pur-
suant to a Stipulated Election Agreement. The
tally of ballots for Voting Group-A-(honprofession-
al employees) shows 161 for and 237 against the
Petitioner,- with • 63 challenged ballots, an insilffi-
cient number to affect the- results. The tally of bal-
lots for 'Voting Group B (professional' employees)
shows' 39 for and 131 against inclusion- with the
nonprofessionals, and 43 for and- 175 against the
Petitioner, with 5 challenged ballots, an insufficient
number to affect the results. -
The Board has reviewed the record in light of
the exceptions and briefs, has adopted the hearing
1127
officer's findings', and recommendations,'. and di-
rects that the election be set aside and- a new. elec-
tion,held:
[Direction of Second Election omitted from pub-
lication.] -
' We agree with the hearing officer's finding that it was proper to con-
sider certain conduct of the Employer involving employee Thomas that
was included in the Regional Director's notice of hearing In so doing,
we additionally note that the Employer filed no exceptions to the Re-
gional Director's notice of hearing
Member Dennis agrees that the Employer's "good faith resolution"
during the critical period is objectionable and would set aside the election
on the basis of that conduct She finds it unnecessary to pass on the hear-
ing officer's consideration of conduct involving employee Thomas
2 In adopting the hearing officer's recommendation that Objection 5
involving the Employer 's "good faith resolution" be sustained , we find
that the Employer has failed to rebut the prima facie showing that its
action was taken in response to the employees ' organizing activity and
the filing of the petition In so doing, we note that the Employer had no
previous policy of not laying off employees and that its good-faith resolu-
tion was an unprecedented guarantee of job security and a clear change
in its prior practice Chairman Dotson finds insufficient evidence to estab-
lish that the "good faith resolution" was issued for the purpose of affect-
ing the outcome of the election See his concurring and dissenting opin-
ion in Adams Super Markets, 274 NLRB No 194 (Mar 29, 1985)
In adopting the hearing officer's recommendation that Objection 6 be
sustained, we rely solely on- the Employer's surveillance of employee
Thomas and the fact that other employees knew. that Thomas was being
watched because of his union activities We further note that the hearing
officer stated that Thomas told 150 to 200 employees of his being under
surveillance, whereas the record indicates that he told 100 to 150 employ-
ees This inadvertent error is not sufficient to affect our decision
In the absence of exceptions thereto, we adopt pro forma the hearing
officer's recommendations that Objections I through 4, the portion of
Objection 5 concerning the wage increase, and those portions of Objec-
tion 6 relating to conversations, warnings to employees, and denial of
part-time status to employee Thomas be overruled
275 NLRB No. 61