Service Employees Local 50 (Valley Park Nursing Home)

National Labor Relations Board - Board Decisions

Dec 28, 1977

233 N.L.R.B. 1473 (N.L.R.B. 1977)

SERVICE AND HOSPITAL EMPLOYEES UNION, LOCAL 50
Service and Hospital Employees Union, Local 50,
AFI-CIO-CLC and Edgewater Home, Inc., d/b/a
Valley Park Nursing Home. Case 14-CB-3625
December 28, 1977
DECISION AND ORDER
BY CHAIRMAN FANNING AND MEMBERS
JENKINS AND MURPHY
Upon a charge and first amended charge filed on
June 24 and July 13, 1977, respectively, by Edge-
water Home, Inc., d/b/a Valley Park Nursing Home,
herein called the Employer, and duly served on
Service and Hospital Employees Union, Local 50,
AFL-CIO-CLC, herein called Respondent, the Gen-
eral Counsel of the National Labor Relations Board,
by the Regional Director for Region 14, issued a
complaint and notice of hearing on September 28,
1977, against Respondent, alleging that Respondent
had engaged in and was engaging in unfair labor
practices affecting commerce within the meaning of
Section 8(b)(3) and Section 2(6) and (7) of the
National Labor Relations Act, as amended.' Copies
of the charge, complaint, and notice of hearing
before an Administrative Law Judge were duly
served on the parties to this proceeding. Respondent
failed to file an answer to the complaint.
On October 25, 1977, counsel for the General
Counsel filed directly with the Board a motion to
transfer the case to the Board and for an Order To
Show Cause why the allegations of the complaint
should not be deemed admitted and an order
entered, with exhibits attached. Subsequently, on
October 31, 1977, the Board issued an order transfer-
ring the proceeding to the Board and a Notice To
Show Cause why the General Counsel's motion
should not be granted. Respondent did not file a
response to the Notice To Show Cause and therefore
the allegations of the motion stand uncontroverted.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Upon the entire record in this proceeding, the
Board makes the following:
Ruling on the Motion
Section 102.20 of the Board's Rules and Regula-
tions provides:
The respondent shall, within 10 days from the
service of the complaint, file an answer thereto.
I On September 28. 1977, the Regional Director withdrew approval of an
informal settlement agreement between Respondent and the Employer
233 NLRB No. 212
The respondent shall specifically admit, deny, or
explain each of the facts alleged in the complaint,
unless the respondent is without knowledge, in
which case the respondent shall so state, such
statement operating as a denial. All allegations in
the complaint, if no answer is filed, or any
allegation in the complaint not specifically denied
or explained in an answer filed, unless the
respondent shall state in the answer that he is
without knowledge, shall be deemed to be admit-
ted to be true and shall be so found by the Board,
unless good cause to the contrary is shown.
The complaint and notice of hearing served on
Respondent specifically stated that unless an answer
to the complaint was filed within 10 days of service
thereof "all of the allegations in the complaint shall
be deemed to be admitted to be true and may be so
found by the Board." As of October 20, 1977, the
date of the General Counsel's motion, Respondent
has failed to file an answer or explain the reason for
such failure. No good cause for failure to file an
answer having been shown, in accordance with the
rule set forth above, the allegations of the complaint
are deemed to be admitted to be true. Accordingly,
we find as true all the allegations of the complaint
and grant the General Counsel's motion. On the
basis of the entire record, the Board makes the
following:
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
The Employer is, and has been at all times material
herein, a Missouri corporation with an office and
place of business at 332 Benton Avenue, Valley Park,
Missouri, the only facility involved in this proceed-
ing, where it is engaged in providing health care
services and related products. During the past calen-
dar year, a representative period, the Employer, in
the course and conduct of its business operations,
performed health care services valued in excess of
$500,000 and purchased and caused to be transport-
ed and delivered at its Valley Park facility goods
valued in excess of $50,000, of which goods valued in
excess of $50,000 were transported and delivered to
the Valley Park facility directly from points located
outside the State of Missouri.
We find, on the basis of the foregoing, that the
Employer is, and has been at all times material
herein, an employer engaged in commerce within the
meaning of Section 2(6) and (7) of the Act, and that
it will effectuate the policies of the Act to assert
jurisdiction herein.
resolving the allegations of the original July 15. 1977. complaint in this
proceeding.
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DECISIONS OF NATIONAL LABOR RELATIONS BOARD
11. THE LABOR ORGANIZATION INVOLVED
Service and Hospital Employees Union, Local 50,
AFL-CIO-CLC, is a labor organization within the
meaning of Section 2(5) of the Act.
1ll. THE UNFAIR LABOR PRACTICES
At all times material herein, Respondent has been,
and is now, the exclusive bargaining representative of
the following appropriate unit of the Employer's
employees:
All full-time and regular part-time employees
employed at the Employer's Valley Park facility
excluding all office clericals, professionals, guards
and supervisors as defined in the Act.
On or about May 3, 1977, Respondent reached full
agreement with the Employer on the terms of a
collective-bargaining agreement covering the em-
ployees in the unit described above. Commencing on
or about June 9, 1977, and continuing to date,
Respondent has refused to execute such agreement.
By refusing, since June 9, 1977, and at all times
thereafter, to execute the collective-bargaining agree-
ment reached with the Employer on May 3, 1977,
Respondent has engaged in and is engaging in unfair
labor practices within the meaning of Section 8(b)(3)
of the Act.
The aforesaid unfair labor practices are unfair
labor practices affecting commerce within the mean-
ing of Section 2(6) and (7) of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR
PRACTICES UPON COMMERCE
The activities of the Employer set forth in section
III, above, occurring in connection with its opera-
tions described in section I, above, have a close,
intimate, and substantial relationship to trade, traff-
ic, and commerce among the several States and tend
to lead to labor disputes burdening and obstructing
commerce and the free flow of commerce.
v. THE REMEDY
Having found that Respondent has engaged in and
is engaging in unfair labor practices within the
meaning of Section 8(b)(3) of the Act, we shall order
that it cease and desist therefrom, and that it take
certain affirmative action as set forth below designed
to effectuate the purposes and policies of the Act.
The Board, upon the basis of the foregoing facts
and the entire record, makes the following:
CONCLUSIONS OF LAW
1. Edgewater Home, Inc., d/b/a Valley Park
Nursing Home, is an employer engaged in commerce
within the meaning of Section 2(6) and (7) of the Act.
2. Respondent is a labor organization within the
meaning of Section 2(5) of the Act.
3. The appropriate unit is:
All full-time and regular part-time employees
employed at the Employer's Valley Park facility,
excluding all office clericals, professionals, guards
and supervisors as defined in the Act.
4. At all times material herein, Respondent has
been and is now the exclusive representative for
employees in the aforesaid unit for the purpose of
collective bargaining within the meaning of Section
9(a) of the Act.
5. By refusing on or about June 9, 1977, to
execute the bargaining agreement which had been
fully agreed upon on or about May 3, 1977, Respon-
dent has engaged in and is engaging in unfair labor
practices within the meaning of Section 8(b)(3) of the
Act.
6. The aforesaid unfair labor practices are unfair
labor practices within the meaning of Section 2(6)
and (7) of the Act.
ORDER
Pursuant to Section 10(c) of the National Labor
Relations Act, as amended, the National Labor
Relations Board hereby orders that the Respondent,
Service and Hospital Employees Union, Local 50,
AFL-CIO-CLC, Valley Park, Missouri, its officers,
agents, and representatives, shall:
1. Cease and desist from refusing to bargain
collectively with Edgewater Home, Inc., d/b/a Val-
ley Park Nursing Home, by refusing to execute the
collective-bargaining agreement which had been
fully agreed upon on or about May 3, 1977, covering
the employees in the following appropriate unit:
All full-time and regular part-time employees
employed at the Employer's Valley Park facility,
excluding all office clericals, professionals, guards
and supervisors as defined in the Act.
2. Take the following affirmative action necessary
to effectuate the policies of the Act:
(a) Upon request, execute the bargaining agree-
ment fully agreed upon by Edgewater Home, Inc.,
d/b/a Valley Park Nursing Home, and the Respon-
dent on or about May 3, 1977.
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SERVICE AND HOSPITAL EMPLOYEES UNION, LOCAL 50
(b) Post at its offices and meeting halls copies of
the attached notice marked "Appendix." 2 Copies of
said notice, on forms provided by the Regional
Director for Region 14, after being duly signed by
Respondent's representative, shall be posted by
Respondent immediately upon receipt thereof, and
be maintained by it for 60 consecutive days thereaf-
ter, in conspicuous places, including all places where
notices to members are customarily posted. Reason-
able steps shall be taken by Respondent to insure
that said notices are not altered, defaced, or covered
by any other material.
(c) Deliver to the Regional Director for Region 14
signed copies of the notice for posting by Edgewater
Home, Inc., d/b/a Valley Park Nursing Home, if
willing, at its Valley Park facility where notices to
employees are customarily posted.
(d) Notify the Regional Director for Region 14, in
writing, within 20 days from the date of this Order,
what steps have been taken to comply herewith.
2 In the event that this Order is enforced by a Judgment of a United
States Court of Appeals, the words in the notice reading "Posted by Order
of the National Labor Relations Board" shall read "Posted Pursuant to a
Judgment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board."
APPENDIX
NOTICE To MEMBERS
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
WE WILL NOT refuse to bargain collectively with
Edgewater Home, Inc., d/b/a Valley Park Nurs-
ing Home, by refusing to execute a bargaining
agreement which had been fully agreed upon on
or about May 3, 1977, covering the employees in
the following appropriate unit:
All full-time and regular part-time employ-
ees at the Valley Park facility of Edgewater
Home Inc., d/b/a Valley Park Nursing
Home, excluding all office clericals, profes-
sionals, guards and supervisors as defined in
the Act.
WE WILL, upon request, execute the bargaining
agreement fully agreed upon with Edgewater
Home, Inc., d/b/a Valley Park Nursing Home,
on or about May 3, 1977.
SERVICE AND HOSPITAL
EMPLOYEES UNION
LOCAL 50, AFL-CIO-
CLC
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