Presbyterian University Hospital

National Labor Relations Board - Board Decisions

May 9, 1990

298 N.L.R.B. 471 (N.L.R.B. 1990)

PRESBYTERIAN UNIVERSITY HOSPITAL 471
Presbyterian University Hospital and International
Union, United Plant Guard Workers of America
(UPGWA). Case 6-CA-22379
May' 9, 1990
DECISION AND ORDER
By CHAIRMAN STEPHENS AND MEMBERS
CRACRAFT AND OVIATT
On February 14, 1990, the General Counsel of
the National Labor Relations Board issued a com-
plaint alleging,' that the Respondent has violated
Section 8(a)(5) and (1) of the National Labor Rela-
tions Act by refusing the Union's request to bar-
gain following the Union's certification in Case 6-
RC-10304. (Official notice is taken of the "record"
in the representation proceeding as defined in the
Board's Rules and Regulations, Secs. 102.68 and
102.69(g); Frontier Hotel, 265 NLRB 343 (1982).)
The Respondent filed its answer admitting in part
and denying in part the allegations in the com-
plaint.
On March 26, 1990, the General Counsel filed a
Motion for Summary Judgment. On March 29,
1990, the Board issued an order transferring the
proceeding to the Board and a Notice to Show
Cause why the motion should not be granted. The
Respondent filed a response. The Charging Party
filed a brief in support of the General Counsel's
motion.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
Ruling on Motion for Summary Judgment
In its answer the Respondent admits its refusal to
bargain, but attacks the validity of the certification
on the basis of the Board's unit determination in
the representation proceeding.
All representation issues raised by the Respond-
ent were or could have been litigated in the prior
representation proceeding. The Respondent does
not offer to adduce at a hearing any newly discov-
ered and previously unavailable evidence, nor does
it allege any special circumstances that would re-
quire the Board to reexamine the decision made in
the representation proceeding.' Respondent did not
i We find no merit to the Respondent's contention that the Board
should stay these proceedings in light of the permanent injunction issued
by a Federal district court in American Hospital Assn. v. NLRB, 718
F.Supp. 704 (N D. Ill. 1989), prohibiting the Board from giving effect to
its rule establishing eight bargaining units in the health care industry. See
29 CFR Part 103.30; see also 284 NLRB 1516, 1596-1597. The Regional
Director found after a hearing that the unit employees were guards
within the meaning of Sec 9(b)(3) of the Act and directed an election in
a unit limited to those guards. Thus, the underlying representation case
was not governed by the Board's Rule. an any event, on April 11, 1990,
the U S. Court of Appeals for the Seventh Circuit upheld the Board's
request review of that decision and did not file any
objections to the election. We therefore find that
the Respondent has not raised any representation
issue that is properly litigable in this unfair labor
practice proceeding. See Pittsburgh Plate Glass Co.
v. NLRB, 313 U.S. 146, 162 (1941). Accordingly,
we grant the Motion for Summary Judgment.
On the entire record, the Board makes the fol-
lowing
FINDINGS OF FACT
1. JURISDICTION
The Respondent, a Pennsylvania nonprofit cor-
poration, operates an acute ' care hospital in Pitts-
burgh, Pennsylvania. During the 12-month period
ending December 31, 1989, the Respondent, in the
course and conduct of its business operations, de-
rived gross revenues in excess of $250,000 and pur-
chased and received at its Pittsburgh, Pennsylvania
facility products, goods, and materials valued in
excess of $50,000 directly from points outside the
Commonwealth of Pennsylvania. We find that the
Respondent is an employer engaged in commerce
within the meaning of Section 2(6) and (7) of the
Act and that the Union is a labor organization
within the meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
A. The Certification
Following the election held November 17, 1,989,
the Union was certified on November 27, 1989, as
the collective-bargaining representative of the em-
ployees in the following appropriate unit:
All security officers employed by the Employ-
er at its Pittsburgh, Pennsylvania, locations;
excluding all other employees and professional
employees and supervisors as defined in the
Act.
The Union continues to be the exclusive represent-
ative under Section 9(a) of the Act.
B. Refusal to Bargain
Since December 21, 1989, the Union has request-
ed the Respondent to bargain, and since December
27, 1989, the Respondent has refused. We find that
this refusal constitutes an unlawful refusal to bar-
gain in violation of Section 8(a)(5) and (1) of the
Act.
Rule and vacated the district court's permanent injunction. See American
Hospital Assn. v. NLRB, Docket Nos . 89-2604, 89-2605, 89-2622 (7th Cir
1990).
298 NLRB No. 60
472 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
CONCLUSION OF LAW
By refusing on and after December 27, 1989, to
bargain with the Union as the exclusive collective-
bargaining representative of the employees in the
appropriate unit, the Respondent has engaged in
unfair labor practices affecting commerce within
the meaning of Section 8(a)(5) and (1) and Section
2(6) and (7) of the Act.
REMEDY
Having found that the Respondent has violated
Section 8(a)(5) and (1) of the Act, we shall order it
to cease and desist, to bargain on request with the
Union, and, if an understanding is reached, to
embody the understanding in a signed agreement.
To ensure that the employees are accorded the
services of their selected bargaining agent for the
period provided by law, we shall construe the ini-
tial period of the certification as beginning the date
the Respondent begins to bargain in good faith
with the Union. Mar-Jac Poultry Co., 136 NLRB
785 (1962); Lamar Hotel, 140 NLRB 226, 229
(1962), enfd. 328 F.2d 600 (5th Cir. 1964), cert.
denied 379 U.S. 817 (1964); Burnett Construction
Co., 149 NLRB 1419, 1421 (1964), enfd. 350 F.2d
57 (10th Cir. 1965).
ORDER
The National Labor Relations Board orders that
the Respondent, Presbyterian University Hospital,
Pittsburgh, Pennsylvania, its officers, agents, suc-
cessors, and assigns, shall
1. Cease and desist from
(a) Refusing to bargain with International Union,
United Plant Guard Workers of America
(UPGWA), as the exclusive bargaining representa-
tive of the employees in the bargaining unit.
(b) In any like or related manner interfering
with, restraining, or coercing employees in the ex-
ercise of the rights guaranteed them by Section 7
of the Act.
2. Take the ' following affirmative action neces-
sary to effectuate the policies of the Act.
(a) On request, bargain with the Union as the ex-
clusive representative of the employees in the fol-
lowing appropriate unit on terms and conditions of
employment, and if an understanding is reached,
embody the understanding in a signed agreement:
All security officers employed by the Employ-
er at its Pittsburgh, Pennsylvania, locations;
excluding all other employees and professional
employees and supervisors as defined in the
Act.
(b) Post at its facility in Pittsburgh, Pennsylva-
nia, copies of the attached notice marked "Appen-
dix."2 Copies of the notice , on forms provided by
the Regional Director for Region 6, after being
signed by the Respondent 's authorized representa-
tive, shall be posted by the Respondent immediate-
ly 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 Respondent
to ensure that the notices are not altered , defaced,
or covered by any other material.
(c) Notify the Regional Director in writing
within 20 days from the date of this Order what
steps the Respondent has taken to comply.'
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 Nation-
al 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."
APPENDIX
NOTICE To EMPLOYEES
POSTED BY 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 ordered us to post and abide by this notice.
WE WILL NOT refuse to bargain with Internation-
al Union, United Plant Guard Workers of America
(UPGWA), as the exclusive representative of the
employees in the bargaining unit.
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce you in the exer-
cise of the rights guaranteed you by Section 7 of
the Act.
WE WILL, on request, bargain with the Union
and put in writing and sign any agreement reached
on terms and conditions of employment for our
employees in the bargaining unit:
All security officers employed by the Employ-
er at its Pittsburgh, Pennsylvania, locations;
excluding all other employees and professional
employees and supervisors as defined in the
Act.
PRESBYTERIAN UNIVERSITY HOSPITAL