New York Methodist Hospital/MSO of Kings County, LLC

National Labor Relations Board - Board Decisions

Dec 22, 2016

29-RC-172398 (N.L.R.B. Dec. 22, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
NEW YORK METHODIST HOSPITAL AND
MSO OF KINGS COUNTY, LLC, A SINGLE EMPLOYER
Employer
and Case No. 29-RC-172398
1199 SEIU, UNITED HEALTHCARE WORKERS EAST
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s Decision and Direction of
Election, Supplemental Report on Challenges, and Supplemental Decision on Objections and
Certifications of Representative is denied as it raises no substantial issues warranting review.1
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
LAUREN McFERRAN, MEMBER
Dated, Washington, D.C., December 22, 2016.

1 In denying review, we do not rely on the Regional Director’s citation of Shane Steel
Processing, 353 NLRB 522 (2008), or Unisys Corp., 354 NLRB 825 (2009), which are two-
member Board decisions. See New Process Steel, L.P. v. NLRB, 560 U.S. 674 (2010).
In denying review of the Regional Director’s Decision and Direction of Election,
Member Miscimarra notes that he does not necessarily agree with the holding in St. Vincent
Charity Medical Center, 357 NLRB 854 (2011), cited by the Regional Director. He nevertheless
agrees that a self-determination election was properly directed in this case. More generally,
Member Miscimarra continues to adhere to his dissenting views regarding the Election Rule.
See Election Rule, 79 Fed. Reg. at 74430-74460 (dissenting views of Members Miscimarra and
Johnson); id. at 74434-74441 (dissenting views regarding the Final Rule’s acceleration of the
pre-election timeline).