River Walk Manor, Inc

National Labor Relations Board - Board Decisions

Mar 22, 1989

293 N.L.R.B. 383 (N.L.R.B. 1989)

RIVER WALK MANOR 383
River Walk Manor , Inc and District 1199-E, Na-
tional Union of Hospital and Health Care Em-
ployees, AFL-CIO Case 5-CA-17570
March 22, 1989
SUPPLEMENTAL DECISION, ORDER,
AND DIRECTION OF SECOND
ELECTION
BY CHAIRMAN STEPHENS AND MEMBERS
JOHANSEN AND CRACRAFT
On August 29, 1986, the National Labor Rela
tions Board issued a Decision and Order in the
above entitled proceeding finding that the Re-
spondent had engaged in and was engaging in
unfair labor practices within the meaning of Sec-
tion 8(a)(5) and (1) of the National Labor Relations
Act, and ordered that the Respondent cease and
desist and take certain affirmative action to remedy
the unfair labor practices 1
Thereafter, the Board petitioned the United
States Court of Appeals for the Fourth Circuit for
enforcement of the Board's Order On October 26,
1987, in an unpublished order, the court denied en
forcement of the Board's Order The court majori
1281 NLRB 199 (1986)
ty found, contrary to the Board, that the prounion
campaign activity by the supervisory charge nurses
coerced employees into voting for the Union
Thus, the court concluded that, under these cir-
cumstances, the election conducted August 19,
1983, and won by the Union, could not be consid-
ered valid
In light of the court's decision, the Board has de-
cided to revoke the certification issued in Case 5-
RC-11986, dismiss the complaint in the instant
case, and direct a second election 2
ORDER
The National Labor Relations Board orders that
the certification issued in Case 5-RC-11986 is re
yoked and that the complaint in Case 5 -CA-17570
is dismissed
IT IS FURTHER ORDERED that Case 5 -RC-11986
is remanded to the Regional Director for the pur-
pose of conducting a second election pursuant to
the direction set forth below
[Direction of Second Election omitted from pub-
lication ]
2 In view of our disposition of the unfair labor practice case here and
our finding that a new election is warranted we reopen the underlying
representation proceeding (Case 5-RC-11986)
293 NLRB No 40