Preferred Home Care of New York

National Labor Relations Board - Board Decisions

Jun 14, 2018

29-CA-208111 (N.L.R.B. Jun. 14, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PREFERRED HOME CARE OF NEW YORK
and Case 29-CA-208111
1199SEIU UNITED HEALTHCARE WORKERS
EAST
LOCAL 713, INTERNATIONAL BROTHERHOOD
OF TRADE UNIONS
and Case 29-CB-208114
1199SEIU UNITED HEALTHCARE WORKERS
EAST
NAE EDISON LLC D/B/A EDISON HOME
HEALTH CARE
and Case 29-CA-210276
1199SEIU UNITED HEALTHCARE WORKERS
EAST
LOCAL 713, INTERNATIONAL BROTHERHOOD
OF TRADE UNIONS
and Case 29-CB-210277
1199SEIU UNITED HEALTHCARE WORKERS
EAST
DECISION AND ORDER
Statement of the Cases
On April 23, 2018, Preferred Home Care of New York (Respondent Preferred);
NAE Edison LLC d/b/a Edison Home Health Care (Respondent Edison) (collectively
referred to as Respondent Employers); Local 713, International Brotherhood of Trade
2
Unions (Respondent Local 713); 1199SEIU United Healthcare Workers East (the
Charging Party); and the General Counsel of the National Labor Relations Board
entered into a Formal Settlement Stipulation, subject to the Board’s approval, providing
for the entry of a consent order by the Board and a consent judgment by any
appropriate United States Court of Appeals.1 The parties waived all further and other
proceedings before the Board to which they may be entitled under the National Labor
Relations Act and the Board’s Rules and Regulations, and the Respondents waived
their right to contest the entry of a consent judgment or to receive further notice of the
application therefor.
The National Labor Relations Board has delegated its authority in this proceeding
to a three-member panel.2
The Formal Settlement Stipulation is approved and made a part of the record, and
the proceeding is transferred to and continued before the Board in Washington, D.C.,
for the entry of a Decision and Order pursuant to the provisions of the Formal
Settlement Stipulation.
Based on the Formal Settlement Stipulation and the entire record, the Board
makes the following
Findings of Fact
The Respondent Employers’ businesses
1. (a) At all material times, Respondent Preferred Home Care of New York
(Respondent Preferred), a domestic corporation with its principal office and place of
business located at 1267 57th Street, Brooklyn, New York, has been engaged in
providing home health care services to patients living in New York City and surrounding
areas.
(b) In conducting its business operations during the 12-month period ending
December 31, 2017, which period is representative of its annual operations generally,
Respondent Preferred derived gross revenues in excess of $100,000.
(c) In conducting its business operations during the 12-month period ending
December 31, 2017, which period is representative of its annual operations generally,
Respondent Preferred received funds in excess of $5,000 directly from points outside of
the State of New York, including Medicaid funds directly from the United States
Government.

1 The parties subsequently approved a revision to the Order correcting an inadvertent
error.
2 Member Emanuel is recused and took no part in the consideration of this case.
3
(d) At all material times, Respondent Preferred has been an employer engaged
in commerce within the meaning of Section 2(2), (6), and (7) of the Act.
2. (a) At all material times, Respondent NAE Edison LLC d/b/a Edison Home
Health Care (Respondent Edison), a domestic corporation with its principal office and
place of business located at 946 McDonald Avenue, Brooklyn, New York, has been
engaged in providing home health care services to patients living in New York City and
surrounding areas.
(b) In conducting its business operations during the 12-month period ending
December 31, 2017, which period is representative of its annual operations generally,
Respondent Edison derived gross revenues in excess of $100,000.
(c) In conducting its business operations during the past year, which period is
representative of its annual operations generally, Respondent Edison received funds in
excess of $5,000 directly from entities located outside of the State of New York,
including Medicaid funds directly from the United States Government.
(d) At all material times, Respondent Edison has been an employer engaged in
commerce within the meaning of Section 2(2), (6), and (7) of the Act.
The labor organizations involved
1. At all material times, Local 713, International Brotherhood of Trade Unions
(Respondent Local 713) has been a labor organization within the meaning of Section
2(5) of the Act.
2. At all material times, 1199SEIU United Healthcare Workers East (the
Charging Party or 1199SEIU) has been a labor organization within the meaning of
Section 2(5) of the Act.
ORDER
Based on the above findings of fact, the Formal Settlement Stipulation, and the
entire record, and pursuant to Section 10(c) of the National Labor Relations Act, the
National Labor Relations Board orders that:
Respondent Local 713, International Brotherhood of Trade Unions, Garden City,
New York, its officers, agents, and representatives, shall:
1. Cease and desist from restraining and coercing employees in the exercise of
their Section 7 rights, including:
(a) Representing employees of Respondent Edison and Respondent Preferred
for the purpose of collective bargaining, unless and until Respondent Local 713 has
been certified by the National Labor Relations Board as the exclusive collective-
bargaining representative of those employees.
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(b) Accepting recognition from any employer, including Respondent Preferred
and Respondent Edison, at a time when Respondent Local 713 does not represent an
uncoerced majority of such employees in an appropriate unit.
(c) Executing or giving effect to a collective-bargaining agreement with any
employer, including Respondent Preferred and Respondent Edison, including
agreements containing a union security clause requiring membership in Respondent
Local 713 as a condition of employment, at a time when Respondent Local 713 does
not represent an uncoerced majority of such employees in an appropriate unit.
(d) Causing or attempting to cause any employer, including Respondent Edison
or Respondent Preferred, to discriminate against any employees in regard to their hire
or tenure of employment, or any term or condition of employment, in violation of Section
8(a)(3) of the Act, as amended, by conditioning employment on signing a Local 713
membership application.
(e) Any and all activity in furtherance of being or becoming the exclusive
collective-bargaining representative of Respondent Edison's employees or of
Respondent Preferred's employees, including enforcing collective-bargaining
agreements, soliciting union authorization cards from Respondent Edison or
Respondent Preferred employees, and discussing the benefits of membership in Local
713 with any of the Respondents' employees, for the six-month period following the
Regional Director of Region 29's approval of this Stipulation.
(f) Using any Local 713 International Brotherhood of Trade Unions membership
cards, which were signed on or before the date that the Board approves this Stipulation,
in an effort to seek certification by the National Labor Relations Board as the exclusive
collective-bargaining representative of any Respondent Edison or Respondent
Preferred employees for the purpose of collective bargaining.
(g) Seeking certification by the National Labor Relations Board as the exclusive
representative of any Respondent Preferred or Respondent Edison employees for the
purpose of collective bargaining for the six-month period following the Regional Director
of Region 29's approval of this Stipulation.
(h) In any other manner restraining or coercing employees of Respondent
Preferred, Respondent Edison, or any other employer in the exercise of their right to
self-organization, to form labor organizations, to join or assist any labor organization, to
bargain collectively through representatives of their own 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.
2. Take the following affirmative action necessary to effectuate the policies of the
Act.
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(a) After the Board approves this Stipulation, Region 29 will notify Respondent
Local 713 of the amounts due. Within 14 days of notification from Region 29 of the
amounts due, Respondent Local 713 shall print and deliver checks to Region 29 which
reimburse all present and former employees for all dues, initiation fees, and other
money paid by employees or withheld from employees pursuant to the April 2017
collective-bargaining agreements between Respondent Local 713 and Respondent
Edison and Respondent Preferred. Respondent Local 713 shall also pay the interest on
those reimbursements, pursuant to the rate prescribed in New Horizons, 283 NLRB
1173 (1987), compounded daily as prescribed in Kentucky River Medical Center, 356
NLRB 6 (2010). Region 29 will distribute the checks to the employees.
(b) Accept Respondent Preferred's withdrawal of recognition of Respondent
Local 713 as the exclusive collective-bargaining representative of Respondent
Preferred's regular full-time and part-time home healthcare aides.
(c) Accept Respondent Edison's withdrawal of recognition of Respondent Local
713 as the exclusive collective-bargaining representative of Respondent Edison's
regular full-time and part-time home healthcare aides.
(d) Within 14 days of service by the Region, post at its facility, located at 400
Garden City Plaza, Suite 106, Garden City, NY 11530, copies of the attached notices
marked "Appendix A and C," in the languages that the Regional Director deems
appropriate. Copies of the notices, on forms provided by Region 29, after being signed
by Respondent Local 713's authorized representative, shall be posted by Respondent
Local 713 and maintained for 60 consecutive days in conspicuous places, including all
places where notices to members and employees are customarily posted. If
Respondent Local 713 communicated with the employees of Respondent Preferred or
Respondent Edison in any other manner, Respondent Local 713 will also send the
notices to the employees in that manner.
(e) Within 21 days after service by the Region, file with the Regional Director a
sworn certification of a responsible official on a form provided by the Region attesting to
the steps that the Respondent has taken to comply.
Respondent Preferred, Brooklyn, New York, its officers, successors, agents, and
assigns, shall:
1. Cease and desist from rendering assistance and support to Respondent Local
713, including:
(a) Recognizing Respondent Local 713 as the representative of any of its
employees for the purpose of dealing with Respondent Preferred concerning
grievances, labor disputes, wages, rates of pay, hours of employment, or other terms
and conditions of employment, unless and until Respondent Local 713 has been
certified by the National Labor Relations Board as the exclusive representative of those
employees.
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(b) Maintaining or giving any force or effect to any collective-bargaining
agreement with Respondent Local 713, including any union security and/or dues check
off provisions, unless and until Respondent Local 713 is duly certified by the Board as
the exclusive collective-bargaining representative of a unit of Respondent Preferred's
employees, provided that nothing in the Order shall permit the withdrawal or elimination
of any wage increase or other benefits, terms, or conditions of employment which may
have been established pursuant to the performance of that agreement and that the
Ordered cessation shall be without prejudice to the insurance coverage provided in
those agreements.
(c) In any other manner interfering with, restraining, or coercing its employees in
the exercise of their right to self-organization, to form labor organizations, to join or
assist any labor organization, to bargain collectively through representatives of their
own 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.
2. Take the following affirmative action necessary to effectuate the policies of the
Act.
(a) To the extent not already provided to the Region or to Respondent Local
713, within 14 days of signing this Stipulation, Respondent Preferred shall provide
payroll documents, dues remittance reports, and other information to the Regional
Director of Region 29 and to Respondent Local 713 showing all union dues, initiation
fees, and any other money Respondent Preferred deducted from its employees since
July 1, 2017, pursuant to Respondent Preferred's collective-bargaining agreement with
Respondent Local 713.
(b) Within 14 days of the Regional Director’s approval of this Stipulation,
Respondent Preferred shall provide a list to the Regional Director of Region 29 of the
most current names, addresses, phone numbers, and social security numbers in
Respondent Preferred's possession of all current and former employees receiving
reimbursement of Local 713 dues and fees pursuant to this Stipulation. This list must
be in a Microsoft Excel document.
(c) The parties agree that Respondent Local 713 is primarily liable for the
reimbursement of Respondent Preferred's employees for dues, initiation fees, and other
money the employees paid pursuant to the collective-bargaining agreement.
Respondent Preferred assumes joint and several liability for making the employees
whole, including daily compounded interest, only after Respondent Local 713 defaults
on this agreement. As described in this Stipulation, Respondent Local 713 must make
the employees whole within 14 days of notice from Region 29 of the amounts due. If
Respondent Local 713 does not meet that 14-day deadline, Region 29 will send an
additional notice to Respondent Local 713, informing Respondent Local 713 of its failure
to pay and demanding payment to the employees. Respondent Local 713 will be in
default, and Respondent Preferred will assume joint and several liability, only if
7
Respondent Local 713 fails to pay within 21 days of receiving that additional notice from
Region 29.
(d) Withdraw all recognition from Respondent Local 713 as representative of any
of its employees for the purpose of dealing with Respondent Preferred with respect to
grievances, labor disputes, wages, rates of pay, hours of employment, and other
conditions of employment.
(e) Within 7 days of the Regional Director's approval of this agreement,
Respondent Preferred shall post an audio notice for all employees to hear on the
Santrax telephone call-in system. The notice will be in the same languages with which
the Santrax system communicates to Respondent Preferred's employees. The contents
of the notice will be, translated appropriately, "Attention employees: Local 713 is no
longer your union. All employees will receive a letter in the mail soon with more
information." The notice will remain on the Santrax system for no less than two weeks.
(f) Within 14 days of service by the Region, post at all of its New York City
facilities copies of the attached notices marked "Appendix A" and "Appendix B." Copies
of the notices, on forms provided by Region 29, after being signed by Respondent
Preferred's authorized representative and Respondent Local 713's authorized
representative, respectively, shall be posted by Respondent Preferred and maintained
for 60 consecutive days in conspicuous places, including every room where
Respondent Preferred conducts an in-service training for the 60 days following service
by the Region. In addition to physical posting of paper notices, Respondent Preferred
shall duplicate and mail, at its own expense, a copy of the notices marked "Appendix A"
and "Appendix B” to all current employees and former employees employed by
Respondent Preferred at any time since July 1, 2017. Respondent Preferred will take
reasonable steps to ensure that the notices are not altered, defaced, or covered by any
other material. Respondent Preferred agrees to post and mail notices translated by the
Region in all languages deemed appropriate by the Regional Director.
(g) Within 21 days after service by the Region, file with the Regional Director a
sworn certification of a responsible official on a form provided by the Region attesting to
the steps that Respondent Preferred has taken to comply.
Respondent Edison, Brooklyn, New York, its officers, successors, agents, and
assigns, shall:
1. Cease and desist from rendering assistance and support to Respondent
Local 713, including:
(a) Recognizing Respondent Local 713 as the representative of any of its
employees for the purpose of dealing with Respondent Edison concerning grievances,
labor disputes, wages, rates of pay, hours of employment, or other terms and conditions
of employment.
8
(b) Maintaining or giving any force or effect to any collective-bargaining
agreement with Respondent Local 713, including any union security and/or dues check
off provisions, unless and until Respondent Local 713 is duly certified by the Board as
the exclusive collective-bargaining representative of a unit of Respondent Edison's
employees, provided that nothing in the Order shall permit the withdrawal or elimination
of any wage increase or other benefits, terms, or conditions of employment which may
have been established pursuant to the performance of that agreement and that the
Ordered cessation shall be without prejudice to the insurance coverage provided in
those agreements.
(c) In any other manner interfering with, restraining, or coercing its employees in
the exercise of their right to self-organization, to form labor organizations, to join or
assist any labor organization, to bargain collectively through representatives of their
own 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.
2. Take the following affirmative action necessary to effectuate the policies of the
Act.
(a) To the extent not already provided to the Region or to Respondent Local
713, within 14 days of signing this Stipulation, Respondent Edison shall provide payroll
documents, dues remittance reports, and other information to the Regional Director of
Region 29 and to Respondent Local 713 showing all union dues, initiation fees, and any
other money Respondent Edison deducted from its employees since July 1, 2017,
pursuant to Respondent Edison’s collective-bargaining agreement with Respondent
Local 713.
(b) Within 14 days of the Regional Director’s approval of this Stipulation,
Respondent Edison shall provide a list to the Regional Director of Region 29 of the most
current names, addresses, phone numbers, and social security numbers in Respondent
Edison's possession of all current and former employees receiving reimbursement of
Local 713 dues and fees pursuant to this Stipulation. This list must be in a Microsoft
Excel document.
(c) The parties agree that Respondent Local 713 is primarily liable for the
reimbursement of Respondent Edison's employees for dues, initiation fees, and other
money the employees paid pursuant to the collective-bargaining agreement.
Respondent Edison assumes joint and several liability for making the employees whole,
including daily compounded interest, only after Respondent Local 713 defaults on this
agreement. As described in this Stipulation, Respondent Local 713 must make the
employees whole within 14 days of notice from Region 29 of the amounts due. If
Respondent Local 713 does not meet that 14-day deadline, Region 29 will send an
additional notice to Respondent Local 713, informing Respondent Local 713 of its failure
to pay and demanding payment to the employees. Respondent Local 713 will be in
default, and Respondent Edison will assume joint and several liability, only if
9
Respondent Local 713 fails to pay within 21 days of receiving that additional notice from
Region 29.
(d) Withdraw all recognition from Respondent Local 713 as representative of any
of its employees for the purpose of dealing with Respondent Edison with respect to
grievances, labor disputes, wages, rates of pay, hours of employment, and other
conditions of employment, unless and until Respondent Local 713 has been certified by
the National Labor Relations Board as such representative.
(e) Within 7 days of the Regional Director's approval of this agreement,
Respondent Edison shall post an audio notice for all employees to hear on the Santrax
telephone call-in system. The notice will be in the same languages with which the
Santrax system communicates to Respondent Edison's employees. The contents of the
notice will be, translated appropriately, "Attention employees: Local 713 is no longer
your union. All employees will receive a letter in the mail soon with more information."
The notice will remain on the Santrax system for no less than two weeks.
(f) Within 14 days of service by the Region, post at all of its New York City
facilities copies of the attached notices marked "Appendix C" and "Appendix D." Copies
of the notices, on forms provided by Region 29, after being signed by Respondent
Edison's authorized representative and Respondent Local 713's authorized
representative, respectively, shall be posted by Respondent Edison and maintained for
60 consecutive days in conspicuous places, including every room where Respondent
Edison conducts an in-service training for the 60 days following service by the Region.
In addition to physical posting of paper notices, Respondent Edison shall duplicate and
mail, at its own expense, a copy of the notices marked "Appendix C" and "Appendix D”
to all current employees and former employees employed by Respondent Edison at any
time since July 1, 2017. Respondent Edison will take reasonable steps to ensure that
the notices are not altered, defaced, or covered by any other material. Respondent
Edison agrees to post and mail notices translated by the Region in all languages
deemed appropriate by the Regional Director.
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(g) Within 21 days after service by the Region, file with the Regional Director a
sworn certification of a responsible official on a form provided by the Region attesting to
the steps that Respondent Edison has taken to comply.
Dated, Washington, D.C., June 14, 2018
___________________________________
John F. Ring, Chairman
___________________________________
Mark Gaston Pearce, Member
___________________________________
Marvin E. Kaplan, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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APPENDIX A – Local 713 Notice for Preferred Employees
NOTICE TO MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
PURSUANT TO A STIPULATION PROVIDING FOR A BOARD ORDER
AND A CONSENT JUDGMENT OF ANY APPROPRIATE
UNITED STATES COURT OF APPEALS
Local 713 is No Longer Your Union at Preferred
Based on unfair labor practice charges filed by 1199SEIU, the National Labor Relations
Board and 1199SEIU entered into a settlement agreement with Preferred Home Care of
New York and Local 713, International Brotherhood of Trade Unions. In that
agreement, Preferred and Local 713 agreed that Preferred no longer recognizes Local
713 as the union representing Preferred's home health aides. The collective-bargaining
agreement Local 713 and Preferred signed is no longer in effect. Preferred will no
longer take Local 713 union dues out of your paycheck. Pursuant to that agreement,
Local 713 states:
FEDERAL LAW GIVES YOU THE RIGHT TO:
Form, join, or assist a union
Choose a representative to bargain with your employer on your behalf
Act together with other employees for your benefit and protection
Choose not to engage in any of these protected activities.
WE WILL NOT do anything to prevent you from exercising the above rights.
WE WILL STOP enforcing our collective-bargaining agreement with Preferred.
WE WILL NOT charge you union dues or other fees under our collective-bargaining
agreement with Preferred.
WE WILL NOT accept recognition as your union from Preferred or any other employer
at a time when we do not represent an uncoerced majority of employees in an
appropriate unit.
WE WILL NOT sign a collective-bargaining agreement with Preferred or any other
employer if we do not represent an uncoerced majority of employees in an appropriate
unit.
WE WILL reimburse you all union dues and other fees you paid under Local 713’s
contract with Preferred.
12
WE WILL accept Preferred’s withdrawal of recognition of Local 713 as the union
representing Preferred’s home health aides, unless and until the National Labor
Relations Board certifies Local 713 to be your union.
LOCAL 713, INTERNATIONAL BROTHERHOOD
OF TRADE UNIONS
The Board’s decision can be found at www.nlrb.gov/case/29-CA-208111 or by using the
QR code below. Alternatively, you can obtain a copy of the decision from the Executive
Secretary, National Labor Relations Board, 1015 Half St., S.E., Washington, D.C.
20570, or by calling (202) 273-1940.
13
APPENDIX B – Preferred Notice
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
PURSUANT TO A STIPULATION PROVIDING FOR A BOARD ORDER
AND A CONSENT JUDGMENT OF ANY APPROPRIATE
UNITED STATES COURT OF APPEALS
Local 713 is No Longer Your Union at Preferred
Based on unfair labor practice charges filed by 1199SEIU, the National Labor Relations
Board and 1199SEIU entered into a settlement agreement with Preferred Home Care of
New York and Local 713, International Brotherhood of Trade Unions. In that
agreement, Preferred and Local 713 agreed that Preferred no longer recognizes Local
713 as the union representing Preferred's home health aides. The collective-bargaining
agreement Local 713 and Preferred signed is no longer in effect. Preferred will no
longer take Local 713 union dues out of your paycheck. Pursuant to that agreement,
Preferred states:
FEDERAL LAW GIVES YOU THE RIGHT TO:
Form, join, or assist a union
Choose a representative to bargain with us on your behalf
Act together with other employees for your benefit and protection
Choose not to engage in any of these protected activities.
WE WILL NOT recognize Local 713 as your union unless and until the National Labor
Relations Board certifies Local 713 to be your union.
WE WILL NOT deduct union dues and fees from your wages and send that money to
Local 713 pursuant to our collective-bargaining agreement with Local 713.
WE WILL NOT in any other way give effect to our collective-bargaining agreement with
Local 713.
WE WILL NOT recognize Local 713 or any other union at a time when that union does
not represent an uncoerced majority of employees in an appropriate unit.
WE WILL NOT sign a collective-bargaining agreement with Local 713 or any other
union if that union does not represent an uncoerced majority of employees in an
appropriate unit.
14
WE WILL withdraw recognition of Local 713 as the union representing Preferred’s home
health aides for the purpose of collective bargaining.
PREFERRED HOME CARE OF NEW YORK
The Board’s decision can be found at www.nlrb.gov/case/29-CA-208111 or by using the
QR code below. Alternatively, you can obtain a copy of the decision from the Executive
Secretary, National Labor Relations Board, 1015 Half St., S.E., Washington, D.C.
20570, or by calling (202) 273-1940.
15
APPENDIX C – Local 713 Notice for Edison Employees
NOTICE TO MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
PURSUANT TO A STIPULATION PROVIDING FOR A BOARD ORDER
AND A CONSENT JUDGMENT OF ANY APPROPRIATE
UNITED STATES COURT OF APPEALS
Local 713 is No Longer Your Union at Edison
Based on unfair labor practice charges filed by 1199SEIU, the National Labor Relations
Board and 1199SEIU entered into a settlement agreement with Edison Home Health
Care of New York and Local 713, International Brotherhood of Trade Unions. In that
agreement, Edison and Local 713 agreed that Edison no longer recognizes Local 713
as the union representing Edison's home health aides. The collective-bargaining
agreement Local 713 and Edison signed is no longer in effect. Edison will no longer
take Local 713 union dues out of your paycheck. Pursuant to that agreement, Local
713 states:
FEDERAL LAW GIVES YOU THE RIGHT TO:
Form, join, or assist a union
Choose a representative to bargain with your employer on your behalf
Act together with other employees for your benefit and protection
Choose not to engage in any of these protected activities.
WE WILL NOT do anything to prevent you from exercising the above rights.
WE WILL STOP enforcing our collective-bargaining agreement with Edison.
WE WILL NOT charge you union dues or other fees under our collective-bargaining
agreement with Edison.
WE WILL NOT accept recognition as your union from Edison or any other employer at a
time when we do not represent an uncoerced majority of employees in an appropriate
unit.
WE WILL NOT sign a collective-bargaining agreement with Edison or any other
employer if we do not represent an uncoerced majority of employees in an appropriate
unit.
WE WILL reimburse you all union dues and other fees you paid under Local 713’s
contract with Edison.
16
WE WILL accept Edison’s withdrawal of recognition of Local 713 as the union
representing Edison’s home health aides, unless and until the National Labor Relations
Board certifies Local 713 to be your union.
LOCAL 713, INTERNATIONAL BROTHERHOOD
OF TRADE UNIONS
The Board’s decision can be found at www.nlrb.gov/case/29-CA-208111 or by using the
QR code below. Alternatively, you can obtain a copy of the decision from the Executive
Secretary, National Labor Relations Board, 1015 Half St., S.E., Washington, D.C.
20570, or by calling (202) 273-1940.
17
APPENDIX D – Edison Notice
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
PURSUANT TO A STIPULATION PROVIDING FOR A BOARD ORDER
AND A CONSENT JUDGMENT OF ANY APPROPRIATE
UNITED STATES COURT OF APPEALS
Local 713 is No Longer Your Union at Edison
Based on unfair labor practice charges filed by 1199SEIU, the National Labor Relations
Board and 1199SEIU entered into a settlement agreement with Edison Home Health
Care of New York and Local 713, International Brotherhood of Trade Unions. In that
agreement, Edison and Local 713 agreed that Edison no longer recognizes Local 713
as the union representing Edison's home health aides. The collective-bargaining
agreement Local 713 and Edison signed is no longer in effect. Edison will no longer
take Local 713 union dues out of your paycheck. Pursuant to that agreement, Edison
states:
FEDERAL LAW GIVES YOU THE RIGHT TO:
Form, join, or assist a union
Choose a representative to bargain with us on your behalf
Act together with other employees for your benefit and protection
Choose not to engage in any of these protected activities.
WE WILL NOT recognize Local 713 as your union unless and until the National Labor
Relations Board certifies Local 713 to be your union.
WE WILL NOT deduct union dues and fees from your wages and send that money to
Local 713 pursuant to our collective-bargaining agreement with Local 713.
WE WILL NOT in any other way give effect to our collective-bargaining agreement with
Local 713.
WE WILL NOT recognize Local 713 or any other union at a time when that union does
not represent an uncoerced majority of employees in an appropriate unit.
WE WILL NOT sign a collective-bargaining agreement with Local 713 or any other
union if that union does not represent an uncoerced majority of employees in an
appropriate unit.
18
WE WILL withdraw recognition of Local 713 as the union representing Edison’s home
health aides for the purpose of collective bargaining.
NAE EDISON LLC D/B/A EDISON HOME HEALTH CARE
The Board’s decision can be found at www.nlrb.gov/case/29-CA-208111 or by using the
QR code below. Alternatively, you can obtain a copy of the decision from the Executive
Secretary, National Labor Relations Board, 1015 Half St., S.E., Washington, D.C.
20570, or by calling (202) 273-1940.