The Danbury Hospital

National Labor Relations Board - Unpublished Board Decisions

Dec 9, 2015

01-RC-153086 (N.L.R.B. Dec. 9, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
DANBURY HOSPITAL OF THE WESTERN
CONNECTICUT HEALTH NETWORK
Employer
and Case 01-RC-153086
AFT CONNECTICUT
Petitioner
ORDER
The Employer’s requests to stay the election and to impound the ballots are denied.1
MARK GASTON PEARCE, CHAIRMAN
KENT Y. HIROZAWA, MEMBER
LAUREN McFERRAN, MEMBER
Dated, Washington, D.C., December 9. 2015.

1 In its Special Request to Impound Ballots, the Employer relied on a provision of the
NLRB’s Casehandling Manual that predates the December 2014 amendments of the Board’s
rules governing representation-case procedures. See NLRB Casehandling Manual (Part Two),
Section 11302.1(a) (September 2014). Under that provision, impounding of ballots where the
Board had not yet ruled on a Request for Review prior to a second election was virtually
automatic. See also NLRB Rules & Regulations Section 102.67(b) (2014) (pre-amendment
rules). Under the amended rules, applicable here, impounding of the ballots is considered an
extraordinary form of relief. See NLRB Rules & Regulations Section 102.67(j) (effective April
14, 2015).