RadNet Management, Inc.

National Labor Relations Board - Board Decisions

Jun 12, 2019

21-RC-226166 (N.L.R.B. Jun. 12, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
RADNET MANAGEMENT, INC.
Employer
and Case 21-RC-226166
Unit B: La Mirada Imaging
NATIONAL UNION OF HEALTHCARE WORKERS
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s October 10, 2018
Decision and Direction of Election and February 19, 2019 Decision on Objections and
Certification of Representative is denied as it raises no substantial issues warranting
review.1
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., June 12, 2019.

1 We express no view with respect to whether we agree or disagree with revisions made
by the Board’s Election Rule, but we agree that it applies here and warrants denial of
the Employer’s request for review.
The Regional Director directed separate elections in 10 units over the course of
two days, with polls in many of the units closing during other units’ voting sessions. He
further ordered that the ballots be impounded until all of the elections had concluded so
that they could be counted at a central location, in the presence of all parties and their
representatives. We find that the Regional Director did not abuse his discretion by
arranging the ballot count in this manner for the reasons stated in his decision, including
the administrative challenges presented by the number of elections and their
overlapping schedules. Nathan Katz Realty, LLC v. NLRB, 251 F.3d 981 (D.C. Cir.
2001), cited by the Employer, is distinguishable, as that case only involved two
successive elections held at different times on a single day. Under the unusual
circumstances of this case, the earliest practicable time at which the count could take
place was after the completion of voting in all units. In any event, Unit B was the first
unit to complete voting, so the impoundment of ballots had no effect upon this unit.
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
RADNET MANAGEMENT, INC.
Employer
and Case 21-RC-226166
Unit C: Orange Advanced
NATIONAL UNION OF HEALTHCARE WORKERS Imaging
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s October 10, 2018
Decision and Direction of Election and February 19, 2019 Decision on Objections and
Certification of Representative is denied as it raises no substantial issues warranting
review.1
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., June 12, 2019.

1 We express no view with respect to whether we agree or disagree with revisions made
by the Board’s Election Rule, but we agree that it applies here and warrants denial of
the Employer’s request for review.
The Regional Director directed separate elections in 10 units over the course of
two days, with polls in many of the units closing during other units’ voting sessions. He
further ordered that the ballots be impounded until all of the elections had concluded so
that they could be counted at a central location, in the presence of all parties and their
representatives. We find that the Regional Director did not abuse his discretion by
arranging the ballot count in this manner for the reasons stated in his decision, including
the administrative challenges presented by the number of elections and their
overlapping schedules. Nathan Katz Realty, LLC v. NLRB, 251 F.3d 981 (D.C. Cir.
2001), cited by the Employer, is distinguishable, as that case only involved two
successive elections held at different times on a single day. Under the unusual
circumstances of this case, the earliest practicable time at which the count could take
place was after the completion of voting in all units.
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
RADNET MANAGEMENT, INC.
Employer
and Case 21-RC-226166
Unit E: Garden Grove
NATIONAL UNION OF HEALTHCARE WORKERS Advanced Imaging
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s October 10, 2018
Decision and Direction of Election and February 19, 2019 Decision on Objections and
Certification of Representative is denied as it raises no substantial issues warranting
review.1
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., June 12, 2019.

1 We express no view with respect to whether we agree or disagree with revisions made
by the Board’s Election Rule, but we agree that it applies here and warrants denial of
the Employer’s request for review.
The Regional Director directed separate elections in 10 units over the course of
two days, with polls in many of the units closing during other units’ voting sessions. He
further ordered that the ballots be impounded until all of the elections had concluded so
that they could be counted at a central location, in the presence of all parties and their
representatives. We find that the Regional Director did not abuse his discretion by
arranging the ballot count in this manner for the reasons stated in his decision, including
the administrative challenges presented by the number of elections and their
overlapping schedules. Nathan Katz Realty, LLC v. NLRB, 251 F.3d 981 (D.C. Cir.
2001), cited by the Employer, is distinguishable, as that case only involved two
successive elections held at different times on a single day. Under the unusual
circumstances of this case, the earliest practicable time at which the count could take
place was after the completion of voting in all units.
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
RADNET MANAGEMENT, INC.
Employer
and Case 21-RC-226166
Unit G: Anaheim
NATIONAL UNION OF HEALTHCARE WORKERS Advanced Imaging
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s October 10, 2018
Decision and Direction of Election and February 19, 2019 Decision on Objections and
Certification of Representative is denied as it raises no substantial issues warranting
review.1
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., June 12, 2019.

1 We express no view with respect to whether we agree or disagree with revisions made
by the Board’s Election Rule, but we agree that it applies here and warrants denial of
the Employer’s request for review.
The Regional Director directed separate elections in 10 units over the course of
two days, with polls in many of the units closing during other units’ voting sessions. He
further ordered that the ballots be impounded until all of the elections had concluded so
that they could be counted at a central location, in the presence of all parties and their
representatives. We find that the Regional Director did not abuse his discretion by
arranging the ballot count in this manner for the reasons stated in his decision, including
the administrative challenges presented by the number of elections and their
overlapping schedules. Nathan Katz Realty, LLC v. NLRB, 251 F.3d 981 (D.C. Cir.
2001), cited by the Employer, is distinguishable, as that case only involved two
successive elections held at different times on a single day. Under the unusual
circumstances of this case, the earliest practicable time at which the count could take
place was after the completion of voting in all units.
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
RADNET MANAGEMENT, INC.
Employer
and Case 21-RC-226166
Unit H: West Coast
NATIONAL UNION OF HEALTHCARE WORKERS Radiology - Irvine
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s October 10, 2018
Decision and Direction of Election and February 19, 2019 Decision on Challenged
Ballots, Decision on Objections and Certification of Representative is denied as it raises
no substantial issues warranting review.1
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., June 12, 2019.

1 We express no view with respect to whether we agree or disagree with revisions made
by the Board’s Election Rule, but we agree that it applies here and warrants denial of
the Employer’s request for review.
The Regional Director directed separate elections in 10 units over the course of
two days, with polls in many of the units closing during other units’ voting sessions. He
further ordered that the ballots be impounded until all of the elections had concluded so
that they could be counted at a central location, in the presence of all parties and their
representatives. We find that the Regional Director did not abuse his discretion by
arranging the ballot count in this manner for the reasons stated in his decision, including
the administrative challenges presented by the number of elections and their
overlapping schedules. Nathan Katz Realty, LLC v. NLRB, 251 F.3d 981 (D.C. Cir.
2001), cited by the Employer, is distinguishable, as that case only involved two
successive elections held at different times on a single day. Under the unusual
circumstances of this case, the earliest practicable time at which the count could take
place was after the completion of voting in all units.
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
RADNET MANAGEMENT, INC.
Employer
and Case 21-RC-226166
Unit I: West Coast
NATIONAL UNION OF HEALTHCARE WORKERS Radiology – South Coast
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s October 10, 2018
Decision and Direction of Election and February 19, 2019 Decision on Objections and
Notice of Hearing is denied as it raises no substantial issues warranting review.1
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., June 12, 2019.

1 We express no view with respect to whether we agree or disagree with revisions made
by the Board’s Election Rule, but we agree that it applies here and warrants denial of
the Employer’s request for review.
The Regional Director directed separate elections in 10 units over the course of
two days, with polls in many of the units closing during other units’ voting sessions. He
further ordered that the ballots be impounded until all of the elections had concluded so
that they could be counted at a central location, in the presence of all parties and their
representatives. We find that the Regional Director did not abuse his discretion by
arranging the ballot count in this manner for the reasons stated in his decision, including
the administrative challenges presented by the number of elections and their
overlapping schedules. Nathan Katz Realty, LLC v. NLRB, 251 F.3d 981 (D.C. Cir.
2001), cited by the Employer, is distinguishable, as that case only involved two
successive elections held at different times on a single day. Under the unusual
circumstances of this case, the earliest practicable time at which the count could take
place was after the completion of voting in all units.
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
RADNET MANAGEMENT, INC.
Employer
and Case 21-RC-226166
Unit J-2 (Non-professional):
NATIONAL UNION OF HEALTHCARE WORKERS West Coast Radiology –
Petitioner Santa Ana
ORDER
The Employer’s Request for Review of the Regional Director’s October 10, 2018
Decision and Direction of Election and February 19, 2019 Decision on Objections and
Certification of Representative is denied as it raises no substantial issues warranting
review.1
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., June 12, 2019.

1 We express no view with respect to whether we agree or disagree with revisions made
by the Board’s Election Rule, but we agree that it applies here and warrants denial of
the Employer’s request for review.
The Regional Director directed separate elections in 10 units over the course of
two days, with polls in many of the units closing during other units’ voting sessions. He
further ordered that the ballots be impounded until all of the elections had concluded so
that they could be counted at a central location, in the presence of all parties and their
representatives. We find that the Regional Director did not abuse his discretion by
arranging the ballot count in this manner for the reasons stated in his decision, including
the administrative challenges presented by the number of elections and their
overlapping schedules. Nathan Katz Realty, LLC v. NLRB, 251 F.3d 981 (D.C. Cir.
2001), cited by the Employer, is distinguishable, as that case only involved two
successive elections held at different times on a single day. Under the unusual
circumstances of this case, the earliest practicable time at which the count could take
place was after the completion of voting in all units.