Sacramento Subacute

National Labor Relations Board - Unpublished Board Decisions

Jul 19, 2012

20-RC-074337 (N.L.R.B. Jul. 19, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
OLEANDERS HOLDINGS LLC d/b/a
SACRAMENTO SUBACUTE
Employer
and Case 20-RC-074337
SERVICE EMPLOYEES INTERNATIONAL
UNION, UNITED HEALTHCARE
WORKERS-WEST
Petitioner
DECISION ON REVIEW AND ORDER REMANDING
On March 7, 2012, the Regional Director for Region 20 of the National Labor
Relations Board issued a Decision and Direction of Election in the above-entitled
proceeding. The Petitioner seeks an Armour-Globe1self-determination election for
respiratory therapists (RTs) to vote whether they desire to be included in a recognized
unit comprising the service and maintenance employees employed by the Employer at its
Sacramento, California facility.
The Employer contends that the petition should be dismissed because RTs do not
share a sufficient community of interest with service and maintenance employees to
support their inclusion in the unit. The Regional Director found that RTs, inter alia, did
share a sufficient community of interest and directed that a self-determination election be
held. The Employer filed a timely request for review of the Regional Director’s decision.
By Order dated April 2, 2012, the Board granted the Employer’s request for review. An
election was held on April 2, 2012, and the ballots impounded.

1 Armour & Co., 40 NLRB 1333 (1942); Globe Machine & Stamping Co., 3 NLRB 297
(1937).
2
The Board has delegated its authority to a three-member panel.
Having carefully considered the record, including the request for review and the
Employer’s supplemental brief, we have decided to affirm the Regional Director’s
rulings, findings, and conclusions.2
ORDER
IT IS HEREBY ORDERED that the case is remanded to the Regional Director for
Region 20 to open and count the ballots and take appropriate action thereafter.
_________________________________________
Mark Gaston Pearce, Chairman
_________________________________________
Brian E. Hayes, Member
_________________________________________
Richard F. Griffin, Jr., Member
(SEAL) National Labor Relations Board
Dated, Washington, D.C., July 19, 2012.

2 The Regional Director’s decision references Specialty Healthcare and Rehabilitation
Center of Mobile, 357 NLRB No. 83 (2011). Member Hayes notes that he dissented in
that decision.