Providence Health and Services Washington d/b/a Providence St. Peter Hospital

National Labor Relations Board - Unpublished Board Decisions

Apr 8, 2020

19-CA-222331 (N.L.R.B. Apr. 8, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PROVIDENCE HEALTH AND SERVICES
WASHINGTON d/b/a PROVIDENCE
ST. PETER HOSPITAL
and Case 19-CA-222331
SERVICE EMPLOYEES INTERNATIONAL
UNION, SEIU 1199NW
DECISION AND ORDER
Statement of the Case
On February 18, 2020, Providence Health and Services Washington d/b/a
Providence St. Peter Hospital (the Respondent), Service Employees International
Union, SEIU 1199NW (the Union), and the General Counsel of the National Labor
Relations Board entered into a Formal Settlement Stipulation, subject to Board
approval, providing for the entry of a consent order by the Board and a consent
judgment by any appropriate United States Court of Appeals. The Respondent waived
all further and other proceedings before the Board to which it may be entitled under the
National Labor Relations Act (the 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 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
1. The Respondent’s business
At all material times, the Respondent has been a not-for-profit corporation with its
headquarters in Renton, Washington, and a facility in Olympia, Washington (“Olympia
facility”), engaged in operating a hospital providing inpatient and outpatient medical
care. In conducting its operations described above during the 12 months preceding the
settlement stipulation, which is representative of all material times, the Respondent
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derived gross revenues in excess of $250,000. In conducting its operations described
above during the 12 months preceding the settlement stipulation, which is
representative of all material times, the Respondent purchased and received at its
Olympia facility goods valued in excess of $50,000 directly from points outside the State
of Washington. At all material times, the Respondent has been engaged in commerce
within the meaning of Section 2(2), (6), and (7) of the Act, and a health care institution
within the meaning of Section 2(14) of the Act.
2. The labor organization involved
At all material times, the Union has been a labor organization within the meaning
of Section 2(5) of the Act.
3. The appropriate unit
The following employees of the Respondent (the “Unit”) constitute a unit
appropriate for the purposes of collective bargaining within the meaning of Section 9(b)
of the Act:
All full-time, part-time, and per diem employees designated by the job
classifications set forth in the wage schedule attached to the collective-
bargaining agreement between the Union and the Respondent with an
effective period of October 20, 2017, through April 30, 2020, excluding
other technical employees, professional employees, business office and
clerical employees, all other employees, guards and supervisors as
defined in the Act.
Since at least February 7, 2014, the Union has been the designated exclusive
collective-bargaining representative of the Unit and has been recognized as such by the
Respondent. This recognition has been embodied in successive collective-bargaining
agreements, the most recent of which is effective from October 20, 2017, through April
30, 2020.
At all material times, based on Section 9(a) of the Act, the Union has been the
exclusive collective-bargaining representative of the Unit.
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 the Respondent, Providence Health and
Services Washington d/b/a Providence St. Peter Hospital, Renton and Olympia,
Washington, its officers, agents, successors, and assigns, shall:
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1. Cease and desist from:
(a) Refusing to provide the Union with information in its possession or control
that is relevant and necessary to its role as the bargaining representative of Unit
employees and/or refusing to request that information from third parties; and
(b) Delaying in providing the Union with information in its possession or control
that is relevant and necessary to its role as the bargaining representative of Unit
employees, and/or delaying in either requesting or providing that information or the
responses to those requests for information, from third parties.
2. Take the following affirmative action necessary to effectuate the policies of the
Act:
(a) Within 14 days of service by the Region, post at the Respondent’s Olympia
facility copies of the attached Notice to Employees (“Notice”) marked Appendix A, on
forms provided by Region 19, after being signed by the Respondent’s authorized
representative. Said Notice shall be posted by the Respondent and maintained for a
period of sixty (60) days, in conspicuous places, including all places where notices to
employees are normally posted.
(b) The Respondent will also e-mail a copy of the Notice in English, to all
members of the Unit. The message of the e-mail transmitted with the Notice will state:
“We are distributing the Attached Notice to Employees to you pursuant to an Order of
the National Labor Relations Board approving a Settlement Agreement in Case 19-CA-
222331.”
(c) Within twenty (20) days of the issuance of the Board's Order, file with the
Regional Director of Region 19 of the Board, a sworn affidavit from a responsible official
describing with specificity the manner in which the Respondent has complied with the
terms of the Board’s Order, including forwarding a copy of the e-mail message
transmitted with the Notice, along with all of the recipients’ e-mail addresses, and the
locations of the posted copies of the Notice.
Dated, Washington, D.C., April 8, 2020.
___________________________________
John F. Ring, Chairman
___________________________________
Marvin E. Kaplan, Member
___________________________________
William J. Emanuel, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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APPENDIX A
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
POSTED PURSUANT TO A STIPULATION PROVIDING FOR A BOARD ORDER
AND A CONSENT JUDGMENT BY ANY APPROPRIATE
UNITED STATES COURT OF APPEALS
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 interfere with, restrain, or coerce you in the exercise of the above rights.
SEIU Healthcare 1199NW (the Union) is the exclusive collective-bargaining
representative of the following unit of employees:
All full-time, part-time, and per diem employees designated by the job
classifications set forth in the wage schedule attached to the collective-
bargaining agreement between the Union and the Respondent with an
effective period of October 20, 2017, through April 30, 2020, excluding
other technical employees, professional employees, business office and
clerical employees, all other employees, guards and supervisors as
defined in the Act.
WE WILL NOT refuse to provide the Union with information in our possession or control
that is relevant and necessary to its role as your bargaining representative.
WE WILL NOT delay providing the Union with information in our possession or control
that is relevant and necessary to its role as your bargaining representative.
WE WILL NOT refuse to or delay in making requests to third-party entities to obtain
information for the Union that is not in our possession or control.
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WE WILL NOT delay providing the Union with the responses we receive from third-
party entities to our requests for information to provide to the Union.
PROVIDENCE HEALTH AND SERVICES
WASHINGTON d/b/a PROVIDENCE ST.
PETER HOSPITAL
The Board’s decision can be found at www.nlrb.gov/case/19-CA-222331 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 Street, S.E., Washington, D.C.
20570, or by calling (202) 273-1940.