Staten Island University Hospital

National Labor Relations Board - Board Decisions

Mar 15, 1996

320 N.L.R.B. 940 (N.L.R.B. 1996)

940
320 NLRB No. 104
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
1 On November 4, 1992, the Union filed an unfair labor practice
charge in Case 29–CA–16973, alleging that the Respondent violated
Sec. 8(a)(5) and (1) of the Act by failing to bargain. On December
2, 1992, the General Counsel issued a complaint alleging that the
Respondent violated Sec. 8(a)(5) and (1) of the National Labor Rela-
tions Act by refusing the Union’s request to bargain following the
Union’s certification in Case 22–RC–10585 (formerly Case 29–RC–
7872). On March 3, 1993, the General Counsel filed a Motion for
Summary Judgment. On April 29, 1993, the Board granted the Gen-
eral Counsel’s motion. 310 NLRB No. 207 (1993) (not reported in
Board volumes), enfd. 24 F.3d 450 (2d Cir. 1994).
2 The Union withdrew its unit clarification petition Case 29–UC–
428 in 1994.
3 Pursuant to Sec. 102.20 of the Board’s Rules and Regulations,
as revised, we find that the NYSNA, which is not a respondent in
this case, is without standing to file an answer. Member Cohen does
not pass on whether NYSNA has standing to file an answer. Assum-
ing arguendo that it does, Member Cohen would reach the same re-
sult.
Staten Island University Hospital and Federation of
Nurses/UFT, American Federation of Teachers,
AFL–CIO. Case 29–CA–18766
March 15, 1996
DECISION AND ORDER
BY CHAIRMAN GOULD AND MEMBERS BROWNING
AND COHEN
Upon a charge filed December 14, 1994, the General
Counsel of the National Labor Relations Board issued
a complaint alleging that the Respondent violated Sec-
tion 8(a)(5) and (1) of the Act by refusing to bargain.1
The General Counsel issued a complaint and notice of
hearing in Case 29–CA–18766. On March 10, 1995,
the Respondent filed an answer to the complaint ad-
mitting in part and denying in part the allegations in
the complaint. On March 14, 1995, the New York
State Nurses Association (NYSNA) filed an answer to
the complaint admitting in part and denying in part the
allegations in the complaint.
On August 21, 1995, the General Counsel filed a
Motion for Summary Judgment. On August 23, 1995,
the Board issued an order transferring the proceeding
to the Board and a Notice to Show Cause why the mo-
tion should not be granted. The Respondent filed a re-
sponse. The NYSNA also filed a response.
The National Labor Relations Board has delegated
its authority in this proceeding to a three-member
panel.
Ruling on Motion for Summary Judgment
In its answer the Respondent argues that the Board’s
unit determination in the underlying representation pro-
ceeding was erroneous and that the placement of the
alcohol detoxification unit nurses and the registered
nurses in its staff development department should be
decided in a unit clarification hearing.2 The NYSNA
filed an answer to the complaint and, inter alia, argues
that it is the representative of the detoxification unit
nurses and its collective-bargaining agreement with the
Respondent bars the Union from seeking representation
of the detoxification unit nurses.3
All representation issues raised by the Respondent
were or could have been litigated in the prior represen-
tation proceeding. The Respondent does not offer to
adduce at hearing any newly discovered and previously
unavailable evidence, nor does it allege any special cir-
cumstances that would require the Board to reexamine
the decision made in the previous representation and
unfair labor practice proceedings. Therefore, we find
that the Respondent has not raised any representation
issue that is properly litigable in this unfair labor prac-
tice proceeding. See Pittsburgh Plate Glass Co. v.
NLRB, 313 U.S. 146, 162 (1941). Accordingly, we
grant the Motion for Summary Judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent, a New York
corporation with hospital facilities in Staten Island,
New York, has been engaged in the business of operat-
ing a multisite acute care hospital.
During the 12-month period preceding issuance of
the complaint, a representative period, the Respondent,
conducting its business, purchased and received at its
Staten Island facilities products, goods, and materials
valued in excess of $50,000 directly from points out-
side the State of New York. We find that the Respond-
ent is an employer engaged in commerce within the
meaning of Section 2(2), (6), and (7) of the Act and
that the Union is a labor organization within the mean-
ing of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
A. The Certification
Following the election held September 17, 1992, the
Union was certified on October 5, 1992, as the collec-
tive-bargaining representative of the employees in the
following appropriate unit:
All full-time and regular part-time Registered
Nurses, including per diem Registered Nurses,
employed by the Respondent at its 375 Seguine
Avenue, Staten Island, New York facility, exclud-
ing all discharge planners, utilization review coor-
dinators, managerial employees, guards and super-
visors, as defined in the Act, and all other em-
ployees.
The Union continues to be the exclusive representative
under Section 9(a) of the Act.
941STATEN ISLAND UNIVERSITY HOSPITAL
4 If 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.’’
B. Refusal to Bargain
Since July 14, 1994, the Union has requested the
Respondent to bargain and, since August 1, 1994, the
Respondent has refused to bargain with the Union as
the exclusive collective-bargaining representative of all
the registered nurses in its alcohol detoxification unit
and two registered nurses in its staff development de-
partment located at the Respondent’s south site facility.
We find that this refusal constitutes an unlawful refusal
to bargain in violation of Section 8(a)(5) and (1) of the
Act.
CONCLUSION OF LAW
By refusing on and after August 1, 1994, to bargain
with the Union as the exclusive collective-bargaining
representative of the registered nurses in its alcohol de-
toxification unit and two registered nurses in its staff
development department located at the Respondent’s
south site facility, the Respondent has engaged in un-
fair labor practices affecting commerce within the
meaning of Section 8(a)(5) and (1) and Section 2(6)
and (7) of the Act.
REMEDY
Having found that the Respondent has violated Sec-
tion 8(a)(5) and (1) of the Act, we shall order it to
cease and desist, to bargain on request with the Union,
and, if an understanding is reached, to embody the un-
derstanding in a signed agreement.
To ensure that the employees are accorded the serv-
ices of their selected bargaining agent for the period
provided by the law, we shall construe the initial pe-
riod of certification as beginning the date the Respond-
ent begins to bargain in good faith with the Union.
Mar-Jac Poultry Co., 136 NLRB 785 (1962); Lamar
Hotel, 140 NLRB 226, 229 (1962), enfd. 328 F.2d 600
(5th Cir. 1964), cert. denied 379 U.S. 817 (1964); and
Burnett Construction Co., 149 NLRB 1419, 1421
(1964), enfd. 350 F.2d 57 (10th Cir. 1965).
ORDER
The National Labor Relations Board orders that the
Respondent, Staten Island University Hospital, Staten
Island, New York, its officers, agents, successors, and
assigns, shall
1. Cease and desist from
(a) Refusing to bargain with Federation of
Nurses/UFT, American Federation of Teachers, AFL–
CIO as the exclusive collective-bargaining representa-
tive of the employees in the certified unit, which in-
cludes the registered nurses in its alcohol detoxifica-
tion unit and two registered nurses in its staff develop-
ment department located at the Respondent’s south site
facility.
(b) In any like or related manner interfering with,
restraining, or coercing employees in the exercise of
the rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) On request, bargain with the Federation of
Nurses/UFT, American Federation of Teachers, AFL–
CIO as the exclusive collective-bargaining representa-
tive of the employees in the following appropriate unit
on terms and conditions of employment and, if an un-
derstanding is reached, embody the understanding in a
signed agreement:
All full-time and regular part-time Registered
Nurses, including per diem Registered Nurses,
employed by the Respondent at its 375 Seguine
Avenue, Staten Island, New York facility, exclud-
ing all discharge planners, utilization review coor-
dinators, managerial employees, guards and super-
visors, as defined in the Act, and all other em-
ployees.
(b) Post at its facility in Staten Island, New York,
copies of the attached notice marked ‘‘Appendix.’’4
Copies of the notice, on forms provided by the Re-
gional Director for Region 29, after being signed by
the Respondent’s authorized representative, shall be
posted by the Respondent immediately upon receipt
and maintained for 60 consecutive days in conspicuous
places including all places where notices to employees
are customarily posted. Reasonable steps shall be taken
by the Respondent to ensure that the notices are not
altered, defaced, or covered by any other material.
(c) Notify the Regional Director in writing within 20
days from the date of this Order what steps the Re-
spondent has taken to comply.
APPENDIX
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated the National Labor Relations Act and has or-
dered us to post and abide by this notice.
WE WILL NOT refuse to bargain with Federation of
Nurses/UFT, American Federation of Teachers, AFL–
CIO as the exclusive collective-bargaining representa-
tive of the employees in the bargaining unit.
942 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the
rights guaranteed you by Section 7 of the Act.
WE WILL, on request, bargain with the Federation of
Nurses/UFT, American Federation of Teachers, AFL–
CIO, and put in writing and sign any agreement
reached on terms and conditions of employment for
our employees in the bargaining unit:
All full-time and regular part-time Registered
Nurses, including per diem Registered Nurses,
employed by us at our 375 Seguine Avenue, Stat-
en Island, New York facility, excluding all dis-
charge planners, utilization review coordinators,
managerial employees, guards and supervisors, as
defined in the Act, and all other employees.
STATEN ISLAND UNIVERSITY HOSPITAL