Youville Health Care Center, Inc. - Decision Summary

Youville Health Care Center, Inc. (1-CA-34663(1-2), 34699; 326 NLRB No. 52) Cambridge, Mass. Aug. 27, 1998. The Board agreed with the administrative law judge that the Respondent violated Section 8(a)(1) of the Act by promulgating at an October 17, 1996 meeting an oral rule restricting employee discussions of working conditions, but it relied on a different rationale, i.e., that the presumptive validity of the employer's rule was rebutted by a showing that the rule was adopted for a discriminatory purpose. Specifically, the record showed that Director of Nursing Terri Poster precipitously adopted a new rule restricting employee discussions of working conditions in response to the employees' protected concerted activity. Chairman Gould and Member Liebman also agreed with the judge that the record is insufficient to establish that Marie Waters, Barry Adams, and Meredith Scannel, who served in a rotating basis as charge nurses, are statutory supervisors and that the Respondent violated Section 8(a)(1) by disciplining them. Member Brame, dissenting on this issue, would find that the Respondent's charge nurse position is a supervisory one under Section 2(11) and that the Respondent did not violate the Act by disciplining Waters, Adams, and Scannel.

(Chairman Gould and Members Liebman and Brame participated.)

Charges filed by Barry Adams, Meredith Scannel, and Marie Waters, individuals; complaint alleged violation of Section 8(a) (1) and (3). Hearing at Boston, May 21-22, 1997. Adm. Law Judge Arthur J. Amchan issued his decision Nov. 10, 1997.