Southern Monterey County Memorial Hospital, Inc. d/b/a George L. Mee Memorial Hospital

National Labor Relations Board - Unpublished Board Decisions

Mar 8, 2013

32-RC-090886 (N.L.R.B. Mar. 8, 2013)

NOT TO BE INCLUDED PGB
IN BOUND VOLUMES King City, CA
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SOUTHERN MONTEREY COUNTY
MEMORIAL HOSPITAL, INC.
D/B/A GEORGE L. MEE MEMORIAL HOSPITAL
and Case 32-RC-090886
NATIONAL UNION OF HEALTHCARE WORKERS
DECISION AND DIRECTION
The National Labor Relations Board has considered a determinative challenge in an
election held November 16, 2012, and the hearing officer’s report recommending disposition of
it. The election was conducted pursuant to a Stipulated Election Agreement. The tally of ballots
shows 129 for and 126 against the Petitioner, with 4 challenged ballots.1
The Board has reviewed the record in light of the exceptions and briefs,2 has adopted the
hearing officer’s findings and recommendation, and directs as follows:
It is directed that the Regional Director for Region 32 shall, within 14 days from the date
of this Decision and Direction, open and count the ballots of Ana Nava, Keith Libby, and
Henrietta Perez. The Regional Director shall then serve on the parties a revised tally of ballots
and thereafter take further appropriate action in light of the revised tally.

1 The Regional Director issued a report approving the Petitioner’s withdrawal of challenges to
the ballots of Ana Nava and Keith Libby, sustaining the Board agent’s challenge to the ballot of
Araceli Alcantara, and ordering a hearing on the challenge to the ballot of Henrietta Perez. The
only issue before the Board in this proceeding is the challenge to Perez’ ballot.
2 The Employer requests that the Board reject the Petitioner’s exceptions to the hearing officer’s
report because, it asserts, the Petitioner failed to serve the exceptions and supporting brief on the
Employer as required by the Board’s Rules and Regulations. The Employer has not shown nor
raised any claim that it was prejudiced by a failure of service, and it in fact timely filed its own
brief in opposition. In any event, we do not find merit in the Petitioner’s exceptions. We
therefore deny the Employer’s request.
Dated, Washington, D.C., March 8, 2013.
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Mark Gaston Pearce, Chairman
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Richard F. Griffin, Jr., Member
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Sharon Block, Member
SEAL NATIONAL LABOR RELATIONS BOARD