3067 Orange Ave, LLC dba Anaheim Crest Nursing Center

National Labor Relations Board - Unpublished Board Decisions

May 26, 2021

21-RC-264740 (N.L.R.B. May. 26, 2021)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
3067 ORANGE AVE, LLC
DBA ANAHEIM CREST NURSING CENTER
Employer
and Case 21-RC-264740
SERVICE EMPLOYEES INTERNATIONAL
UNION, LOCAL 2015
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s Decision to Adopt the
Hearing Officer’s Recommendations is denied as it raises no substantial issues warranting
review.1
LAUREN McFERRAN, CHAIRMAN
1 In denying review, we find that the challenged voter, Yesica Rivera, was eligible to vote
based on the parties’ joint pre-election stipulation that eligible voters would include individuals
“employed during the payroll period ending immediately preceding issuance of the Regional
Director’s Decision in this case.” That payroll period ran from September 1 to September 15,
2020, and the record establishes that Rivera worked a full day on September 3.
Because the pre-election stipulation is controlling, we find it unnecessary to address the
Regional Director’s discussion of Red Arrow Freight Lines, 278 NLRB 965 (1986).
Chairman McFerran would also find Rivera eligible to vote on two additional bases.
First, Rivera worked an average of more than four hours per week during the 13-week period
preceding the election. See A L Investors Orlando, LLC, d/b/a The Pavilion at Crossing Pointe,
344 NLRB 582, 583 (2005); Arlington Masonry Supply, Inc., 339 NLRB 817, 819-820 (2003);
Pat’s Blue Ribbons, 286 NLRB 918, 918-20, fns. 6 and 7 (1987). Second, under the
circumstances of this case, the Board’s underlying purpose in defining eligibility – to exclude
“casual” employees “with no real continuing interest in the unit’s terms of employment” –
militates in favor of finding Rivera eligible. Steppenwolf Theatre Co., 342 NLRB 69, 72 (2004);
Trump Taj Mahal Casino, 306 NLRB 294, 296 (1992), enfd. 2 F.3d 35 (3d Cir. 1993). Given
her long tenure of employment with the Employer preceding the Covid-19 pandemic, and the
fact that her hiatus of employment during the pandemic resulted solely from her loss of child
care, Rivera was not a casual employee and clearly retained her community of interest with the
unit.
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., May 26, 2021.