The Nyack Hospital

National Labor Relations Board - Board Decisions

Mar 12, 1980

248 N.L.R.B. 345 (N.L.R.B. 1980)

THE NYACK HOSPITAL 345
The Nyack Hospital and Local 200, Service Employ-
ees International Union, AFL-CIO and Local
363, International Brotherhood of Electrical
Workers, AFL-CIO, Joint Petitioners and
Local 200, Service Employees International
Union, AFL-CIO, Petitioner. Cases 2-RC-
17762, 2-RC-17774, and 2-RC-17775
March 12, 1980
DECISION AND DIRECTION OF THIRD
ELECTIONS
BY CHAIRMAN FANNING AND MEMBERS
JENKINS AND TRUESDALE
Pursuant to authority granted it by the National
Labor Relations Board under Section 3(b) of the
National Labor Relations Act, as amended, a three-
member panel has considered the challenges and
the objections to second elections held November
17, 1978,1 and the Hearing Officer's report recom-
I The elections were conducted pursuant t a Stipulation for Certifica-
tion Upon Consent Election IIl Case 2RC 17762 the tally, as revised,
shoss 13 for the Joint Petitiioners, 2t for District 1199, National Union
of Hospital and Health Care Employees. RWDSU AFL CIO. the Inter-
senor therein. 138 against participating labor orgattizations, and 5 old
ballots there 'sere 2 challenged ballots, a sufficilent number to affect the
results of the electionl In Case 2 RC- 17774, the tally x. as for Petitiotn-
er. 117 for Guild of Professiotnal, Technical and Office Emplosees a Di-
,ision of Dlstrict 11 99, National Union of Hospital and Health Care Em-
ployees. RWDSUl AFL CIO. the Intersenor therein and il Case 2-RC
17775. and 115 against participating labor organizations there x as I chal-
lenged ballot an insufficient number to affect the results of the election
In Case 2-RC 17775, the talls sas 12 for Petitioner. 76 for the Inter-
senor. and 85 against participating labor orgatnizations: there sere 5 chal-
lenged ballots a sufficient niumiber t affect the results of the clection
248 NLRB No. 43
viewed the record in light of the exceptions and
brief, and hereby adopts, as amended, the Hearing
Officer's findings and recommendations. 2
[Direction of Third Elections and Excelsior foot-
note omitted from Publication.]
2 U'ith respect to the objections, we note that the Emplo.er's excep-
tion to the Hearing Officer's treatment of Objection 4 runs onl% to the
Hearing Officer's recommendation that the elections he set aside and new
elections directed. and lnot to the Hearing Officer's resolution of Objec-
tion 4 on its merits Absent such an eception b the Emplo'er or any
other part) we adopt. pro jlirnmu. the Hearing Officer's recommendation
to sustain Objectlon 4 In the absence f exceptions ve adopt pro Jbrmn
the earing Officer's recommenidation to sustain Objection I, and to
overrule Objection 3 Also in the absence of exceptionrs e adopt. pro
fbOrmt, the Hearing Officer's recommendations related to the fise ques-
tionable ballots i Case 2 RC 17774. hich were put issue Ohjec-
tion 2
With respect to the challenges, in the absence of exceptions we adopt.
pro /ormairr the Hearing Officer's recommendalionl as follows: It Case 2
RC 17762, to oerrule the challege to Adrienne Herman's ballot and to
sustain the challenge to Mark Sorefman's ballot (We note that in that
portion of his report herein he summarized "Recommendations" the
Hearing Officer inadvertentl recommenlded that the challenges to Soref-
man's ballot be erruled We herebh crrect this error ) in Case 2-RC
17774. nol t resolve the challenge to Janice Flynn's ballot because it as
not determinatise. ill Case 2RC 17775. to oxerrule the challenges to the
ballo s of Rogelii Almiro l. Mario Raso. and Patricia Vitale, and to sus-
tain the challenge to the ballot of Patricia Belltz As the challenged ballorts
are insufficient in any unit to render the results therein conclusise. xe
hereby direct that none of the challenged hallots shall he opened and
counted
We also agree ith the Hearing Officer that here there are three
choices on the ballot an election in \s:hich none of the choices receixes a
majorit of the alid otles cast is inconclusie See Natrinal abor Rela-
tions Board Casehandling Manual (Part T o) Represenltation Proceed-
ilgs. Sec. 1 1350 1
THE NYACK HOSPITAL