Quality Health Services of Puerto Rico, Inc. d/b/a Hospital San Cristobal

National Labor Relations Board - Unpublished Board Decisions

Aug 10, 2016

12-CA-158222 (N.L.R.B. Aug. 10, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
QUALITY HEALTH SERVICES OF P.R., INC.
D/B/A HOSPITAL SAN CRISTÓBAL
and Case 12-CA-158222
UNIDAD LABORAL DE ENFERMERAS (OS)
Y EMPLEADOS DE LA SALUD
DECISION AND ORDER
Statement of the Case
On June 10, 2016, Quality Health Services of P.R., Inc. d/b/a Hospital San
Cristóbal (the Respondent), Unidad Laboral de Enfermeras(os) y Empleados de la
Salud (the Union), 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. 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 Respondent waived its
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.
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
The Respondent is a Puerto Rico corporation with its principal office and place of
business in Coto Laurel Ward, Ponce, Puerto Rico, where it operates a hospital
providing acute health care services (Hospital San Cristóbal).
During the past 12-month period, the Respondent, in conducting its business
operations at Hospital San Cristóbal, derived gross revenues in excess of $250,000.
2
During the past 12-month period, the Respondent, in conducting its business
operations at Hospital San Cristóbal, purchased and received goods valued in excess of
$50,000 directly from points outside the Commonwealth of Puerto Rico.
The Respondent is now, and has been at all material times, an employer
engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act.
2. The labor organization involved
The Union is now, and at all material times 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:
The Respondent, Quality Health Services of P.R., Inc., d/b/a Hospital San
Cristóbal, Coto Laurel Ward, Ponce, Puerto Rico, its officers, agents, successors, and
assigns, shall
1. Cease and desist from
(a) Failing or refusing to bargain collectively with Unidad Laboral de
Enfermeras(os) y Empleados de la Salud (the Union) as the exclusive collective-
bargaining representative of its employees in the below-described appropriate
bargaining units concerning rates of pay, wages, hours of work, and other terms and
conditions of employment:
Unit A: All Licensed Practical Nurses and Respiratory Therapy
Technicians, Operating Room and Radiology Technicians employed by
the Respondent at the Hospital located in Cotto Laurel Ward, Ponce,
Puerto Rico; excluding all other hospital employees, including Executives,
Administrators, Supervisors, Administrative Employees, Managers and
Guards as defined by the Act.
Unit B: All service and maintenance employees including skilled workers
("Handyman"), air conditioning refrigeration technicians, general aides,
physical plant employees, cooks and employees of food services, located
in Cotto Laurel Ward, Ponce, Puerto Rico; excluding all other hospital
employees including Executives, Administrators, Supervisors, Administrative
Employees and Managers and Guards as defined by the Act.
Unit. C: All office clerical employees employed by the Respondent in
Cotto Laurel Ward, Ponce, Puerto Rico, including those employees of
different departments and/or areas, telephone operators, medical records,
laboratory, cash register, x-ray department, E.D.P department, preadmissions
employees, accounting department employees, control and admissions
3
department employees, credit and collections department, respiratory therapy
department, pharmacy, operating room, warehouse, maintenance, physical
therapy, nuclear medicine and escorts; excluding all other hospital employees
including Executives, Administrators, Supervisors, Administrative Employees,
Managers and Guards as defined by the Act.

Unit D: All Physical Therapy employees (physical therapy assistant) employed
by the Respondent at its facility located in Coto Laurel Ward, Ponce, Puerto
Rico; excluding all other hospital employees including Executives,
Administrators, Supervisors, Administrative Employees, Managers and Guards
as defined by the Act.
Unit E: All medical technicians employees of the Respondent at its facility
located in Coto Laurel Ward Ponce, Puerto Rico; excluding all other hospital
employees including Executives, Administrators, Supervisors, Administrative
Employees, Managers and Guards as defined by the Act.
(b) Laying off employees, reducing the work hours of employees, or making
other changes to the wages, hours of work, and other terms and conditions of
employment of employees in the above units, without first giving the Union notice and
an opportunity to bargain with the Respondent with respect to these matters.
(c) In any like or related manner interfering with, restraining, or coercing its
employees in the exercise of their rights guaranteed in Section 7 of the National Labor
Relations Act.
2. Take the following affirmative action necessary to effectuate the policies of the
Act:
(a) On or before April 29, 2016, rescind the reduction of the work hours of the
employees in the above-described bargaining units that was implemented on or about
June 26, 2015, and restore the work hours that were in effect immediately before that
reduction.
(b) On or before May 16, 2016, offer employees Ariel Mendez Irizarry and Carlos
Santos Melendez immediate and full reinstatement to their former jobs, or if those jobs
no longer exist, to substantially equivalent positions, without prejudice to their seniority
or any other rights or privileges previously enjoyed. Employees Jose Febus, Jannette
Rosario Hernandez, Guillermo Martinez, and Antonio Santana have waived their rights
to reinstatement to their former job or to a substantially equivalent job.
(c) Within 14 days of the Board Order, remove from its records all references to
the layoffs of Jose Febus Rivera, Guillermo Martinez Soto, Ariel Mendez Irizarry,
Jannette Rosario Hernandez, Antonio Santana Alvarado and Carlos Santos Melendez,
and within three days thereafter, notify them in writing that this has been done and that
their layoffs will not be used against them in anyway.
4
(d) In accordance with the terms of the attached Backpay Installment Agreement
marked Appendix A, made a part hereof, make whole the employees named therein by
payment of them to the amounts set forth opposite their names.1
(e) Within 14 days from the date of the Board's Order, make whole the above-
named employees by payment to them of any additional backpay caused by the
Respondent's failure, if any, to timely restore the employees' hours of work by the date
required above in paragraph 2(a), by payment of the additional respective amounts they
would have earned if the Respondent had timely complied with paragraph 2(a) of this
Order, plus the payment of interest on any additional backpay amount to the date of
payment.2
(f) Within 14 days from the date of the Board's Order, make whole employees
Ariel Mendez Irizarry and Carlos Santos Melendez by payment to them of any additional
backpay caused by the Respondent's failure, if any, to timely reinstate them by May 16,
2016, by payment of the additional respective amounts they would have earned if the
Respondent had timely complied with paragraph 2(b) of this Order, plus the payment of
interest on any additional backpay amount to the date of payment.3

1 The Respondent shall be responsible for determining and making the proper tax
withholdings from the backpay amounts for each of the named employees, for paying its
matching FICA tax contribution on the backpay amounts, for submitting proper tax
payments and reports to tax authorities, and for providing tax reports to the employees
to use in filing income tax returns. Interest shall be computed at the rate prescribed in
New Horizons, 283 NLRB 1173(1987), compounded daily as prescribed in Kentucky
River Medical Center 356 NLRB 6 (2010). No taxes shall be deducted from the interest
amounts.
2 Any additional backpay owed pursuant to paragraph 2(e) shall be computed in
accordance with Ogle Protection Service, Inc., 183 NLRB 682(1970), enfd. 444 F.2d
502 (6th Cir. 1971), and will not be reduced by any interim earnings the employees may
have had during the additional backpay period, pursuant to Community Health Services,
Inc. d/b/a Mimbres Memorial Hospital & Nursing Home, 361 NLRB No. 25 (2014), enfd.
812 F .3d 768 (10th Cir. 2016). The Respondent shall be responsible for determining
and making the proper tax withholdings from the additional backpay amounts for each
of the named employees, for paying its matching FICA tax contribution on the additional
backpay amounts, if any, for submitting proper tax payments and reports to tax
authorities, and for providing tax reports to the employees to use in filing income tax
returns. Interest on any additional backpay owed pursuant to paragraph 2(e) shall be
computed at the rate prescribed in New Horizons, 283 NLRB 1173 (1987), compounded
daily as prescribed in Kentucky River Medical Center, 356 NLRB 6 (2010). No taxes
shall be deducted from the interest amounts.
3 Any additional backpay owed pursuant to paragraph 2(f) shall be computed in
accordance with F.W. Woolworth Co., 90 NLRB 289 (1950). The Respondent shall be
responsible for determining and making the proper tax withholdings from the additional
backpay amounts for each of the named employees, if any, for paying its matching
FICA tax contribution on the additional backpay amounts, for submitting proper tax
payments and reports to tax authorities, and for providing tax reports to the employees
to use in filing income tax returns. Interest on any additional backpay owed pursuant to
paragraph 2(f) shall be computed at the rate prescribed in New Horizons, 283 NLRB
5
(g) Compensate the employees named in the above schedule set forth in
paragraph 2(d) for any adverse tax consequences of receiving one or more lump-sum
backpay awards as set forth in paragraphs 2(d), 2(e), and 2(f), and file with the Regional
Director for Region 12, within 21 days from the date of the Board's Order, a report
allocating the backpay awards to the appropriate calendar year(s).4
(h) Preserve and, within 14 days of a request, or such additional time as the
Regional Director may allow for good cause, provide at a reasonable place designated
by the Board or its agents, all payroll records, social security payment records,
timecards, personnel records and reports, and all other records, including an electronic
copy of such records if stored in electronic form, necessary to analyze the amount of
backpay due under the terms of this Order.
(i) Within 14 days of service by the Region, post at the Respondent's Hospital
San Cristóbal copies of the attached notice marked "Appendix B" in both English and
Spanish. Copies of the notice, on forms provided by the Region after being signed by
the Respondent's authorized representative, shall be posted by the Respondent and
maintained for 60 consecutive days in conspicuous places, including all places where
notices to employees are customarily posted. In addition to physical posting of paper
notices, the Respondent shall distribute notices electronically, by email, posting on an
intranet or internet site, and/or other electronic means, if the Respondent customarily
communicates with its employees by such means. The Respondent will take
reasonable steps to ensure that the notices are not altered, defaced or covered by any
other material. In the event that, during the pendency of these proceedings, the
Respondent has gone out of business or closed the facility involved in these
proceedings, the Respondent shall duplicate and mail, at its own expense, a copy of the
notice to all current and former employees employed by the Respondent in the above-
described bargaining units at any time since June 26, 2015.
(j) 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.
Dated, Washington, D.C., August 10, 2016.
___________________________________
Mark Gaston Pearce, Chairman
_________________________________
Kent Y. Hirozawa, Member
_________________________________
Lauren McFerran, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD

1173 (1987), compounded daily as prescribed in Kentucky River Medical Center, 356
NLRB 6 (2010). No taxes shall be deducted from the interest amounts.
4 Don Chavas, LLC d/b/a Tortillas Don Chavas, 361 NLRB No. 10 (2014); AdvoServ of
New Jersey, Inc., 363 NLRB No. 143 (2016).
6
APPENDIX A
BACKPAY INSTALLMENT PAYMENT AGREEMENT
Quality Health Services of P.R., Inc. d/b/a Hospital San Cristóbal
Case 12.CA-158222
In full satisfaction of all monetary obligations owed in Case No. 12-CA-158222, Quality
Health Services of P.R., Inc. d/b/a Hospital San Cristóbal shall pay backpay in the
total amount of $138.000.00 (including: applicable interest and excess tax), in 12
monthly installment payments, until fully paid. The first installment payment shall be in
the total amount of $50,000.00, and the second to twelfth installment payments shall be
made in equal amounts of $8,000.00 each. The payments shall be made on or before
the following due dates:

Quality Health Services of P.R., Inc. d/b/a Hospital San Cristóbal shall make the
installment payments in the amounts set forth opposite their respective names on the
below chart:
[CHART OMITTED FROM PUBLICATION]
7
In consideration of the Board granting this installment payment schedule, Quality
Health Services of P.R. Inc. d/b/a Hospital San Cristóbal, further agrees that in the
event of any failure to make a scheduled payment, or to cure any such failure within
fourteen (14) days, the total amount of backpay, interest, and excess tax liability shall
become immediately due and payable.
Quality Health Services of P.R. Inc. d/b/a Hospital San Cristóbal
8
APPENDIX B
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
FEDERAL LAW GIVES YOU THE RIGHT TO:
ï‚· Form, join, or assist a union;
ï‚· Choose a representative to bargain with us on your behalf;
ï‚· Act together with other employees for your benefit and protection;
ï‚· Choose not to engage in any of these protected activities.
WE WILL NOT fail or refuse to bargain in good faith with Unidad Laboral de
Enfermeras(os) y Empleados de la Salud (the Union) as the exclusive collective-
bargaining representative of our employees in the below-described appropriate units
concerning rates of pay, wages, hours of work, and other terms and conditions of
employment:
Unit A: All Licensed Practical Nurses and Respiratory Therapy
Technicians, Operating Room and Radiology Technicians employed by
the Respondent, at the Hospital located in Cotto Laurel Ward, Ponce,
Puerto Rico; excluding all other hospital employees, including Executives,
Administrators, Supervisors, Administrative Employees, Managers and
Guards as defined by the Act.
Unit B: All service and maintenance employees including skilled workers
("Handyman"), air conditioning refrigeration technicians, general aides,
physical plant employees, cooks and employees of food services, located
in Cotto Laurel Ward, Ponce, Puerto Rico; excluding all other hospital
employees including Executives, Administrators, Supervisors, Administrative
Employees and Managers and Guards as defined by the Act.
Unit. C: All office clerical employees employed by the Respondent in
Cotto Laurel Ward, Ponce, Puerto Rico, including those employees of
different departments and/or areas, telephone operators, medical records,
laboratory, cash register, x-ray department, E.D.P department, preadmissions
employees, accounting department employees, control and admissions
department employees, credit and collections department, respiratory therapy
department, pharmacy, operating room, warehouse, maintenance, physical
therapy, nuclear medicine and escorts; excluding all other hospital employees
including Executives, Administrators, Supervisors, Administrative Employees,
Managers and Guards as defined by the Act.
9

Unit D: All Physical Therapy employees (physical therapy assistant) employed
by the Respondent at its facility located in Coto Laurel Ward, Ponce, Puerto
Rico; excluding all other hospital employees including Executives, Administrators,
Supervisors, Administrative Employees, Managers and Guards as defined by the
Act.
Unit E: All medical technicians employees of the Respondent at its facility located
in Coto Laurel Ward Ponce, Puerto Rico; excluding all other hospital employees
including Executives, Administrators, Supervisors, Administrative Employees,
Managers and Guards as defined by the Act.
WE WILL NOT lay off employees, reduce the hours of work of employees, or make
other changes to the wages, hours of work, and other terms and conditions of
employment of employees in the above-described bargaining units, without first giving
the Union notice and an opportunity to bargain with us with respect to these matters.
WE WILL NOT in any like or related manner interfere with, restrain or coerce our
employees in the exercise of their rights guaranteed in Section 7 of the National Labor
Relations Act.
WE WILL rescind the reduction of the work hours of our employees in the above-
described bargaining units that was implemented on or about June 26, 2015, and
restore the work hours that were in effect immediately before that reduction.
WE WILL offer our employees Ariel Mendez Irizarry and Carlos Santos Melendez,
immediate and full reinstatement to their former jobs, or, if those jobs no longer exist, to
substantially equivalent positions, without prejudice to their seniority or any other rights
or privileges previously enjoyed. Jose Febus Rivera, Guillermo Martinez Soto, Antonio
Santana Alvarado, and Janette Rosario Hernandez have waived their rights to
reinstatement to their former jobs or to substantially equivalent jobs.
WE WILL remove from our records all references to the layoffs of our employees Jose
Febus Rivera, Guillermo Martinez Soto, Ariel Mendez Irizarry, Janette Rosario
Hernandez, Antonio Santana Alvarado, and Carlos Santos Melendez, and within three
days thereafter WE WILL notify them in writing that this has been done and that their
layoffs will not be used against them in any way.
WE WILL make whole our employees in the above-described bargaining units for any
loss of earnings and other benefits resulting from the reduction of their hours of work
that was implemented on or about June 26, 2015, and, with respect to employees Jose
Febus Rivera, Guillermo Martinez Soto, Ariel Mendez Irizarry, Janette Rosario
Hernandez, Antonio Santana Alvarado, and Carlos Santos Melendez, also resulting
from their layoffs on or about August 14, 2015, with interest.
WE WILL compensate our employees in the above-described bargaining units for the
adverse tax consequences of receiving lump sum backpay awards, and WE WILL file
with the Regional Director for Region 12, within 21 days of the date the amount of
10
backpay is fixed, by Board Order, a report allocating the backpay awards to the
appropriate calendar years(s).
WE WILL bargain collectively with the Union as the exclusive collective-bargaining
representative of our employees in the above-described bargaining units concerning
wages, hours of work, and other terms and conditions of employment, and if an
understanding is reached, embody the understanding in a signed agreement.
QUALITY HEALTH SERVICES OF P.R. INC.
d/b/a HOSPITAL SAN CRISTÓBAL
The Board’s decision can be found at www.nlrb.gov/case/12-CA-158222 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.