Bristol Manor Health Care Center, Inc.

National Labor Relations Board - Board DecisionsJul 31, 1989

295 N.L.R.B. 1106 (N.L.R.B. 1989)

1106 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD Bristol Manor Health Care Center, Inc. and Local 1115 Nursing Home and Hospital Employees Union , a Division of 1115 Joint Board. Case 22-CA-16100 July 31, 1989 DECISION AND ORDER BY CHAIRMAN STEPHENS AND MEMBERS CRACRAFT AND HIGGINS On May 31, 1989, Administrative Law Judge James F. Morton issued the attached decision. The Charging Party and the Respondent filed excep- tions and supporting briefs. The National Labor Relations Board has delegat- ed its authority in this proceeding to a three- member panel. The Board has considered the decision and the record in light of the exceptions" and briefs and has decided to affirm the judge' s rulings, findings, and conclusions and to adopt the recommended Order. ORDER The National Labor Relations Board adopts the recommended Order of the administrative law judge and orders that the Respondent, Bristol Manor Health Care Center, Inc., Rochelle Park, New Jersey, its officers, agents, successors, and as- signs, shall take the action set forth in the Order. ' The Respondent's exceptions relate primarily to the circumstances surrounding its counsel's failure to attend the hearing in this proceeding. There is no dispute that the Respondent received timely notice of the hearing, which originally was scheduled for April 26, 1989. Further, the Respondent acknowledges that it made no request for adjournment before April 24, 1989 . In any event, the hearing was rescheduled to April 28, but no representative of the Respondent appeared . In these circum- stances, we find no basis for finding prejudicial error in the conduct of the hearing in this proceeding, nor do we find any basis for granting the Respondent 's request for a remand to another administrative law judge for a new hearing on the merits. Renee I. Crain, Esq. and Olivia Garcia Boult, Esq., for the General Counsel. Richard M. Greenspan, Esq., for the Union. of White Plains, New York, DECISION STATEMENT OF THE CASE JAMES F. MORTON, Administrative Law Judge. The pleadings put in issue whether Bristol Manor Health Care Center, Inc. (Respondent), in violation of Section 8(a)(1) and (5) of the National Labor Relations Act (the Act), refused to furnish certain data requested by Local 1115 Nursing Home and Hospital Employees Union, a Division of 1115 Joint Board (the Union). The hearing was held in Newark, New Jersey, on April 28, 1989. General Counsel and the Union, the only parties who appeared at the hearing, waived the filing of briefs. On the entire record, I make the following FINDINGS OF FACT 1. JURISDICTION AND LABOR ORGANIZATION Respondent operates a nursing home and health care facility in Rochelle Park, New Jersey. Based on its annual revenues, it meets the Board's standard for assert- ing jurisdiction. The Union, as established by the pleadings, is a labor organization as defined in the Act. II. THE ALLEGED UNLAWFUL REFUSAL TO FURNISH REQUESTED INFORMATION The Union has been recognized by Respondent as the exclusive representative for purposes of collective bar- gaining of the following unit of Respondent's employees: All full time and regular part-time employees in- cluding licensed practical nurses, nurses' aides, or- derlies, dietary employees, housekeeping employees and maintenance employees, but excluding all other employees, guards, and supervisors as defined in the Act. On October 28, 1988, the Union wrote Respondent re- questing that it be furnished with the following informa- tion: names and addresses of current bargaining unit em- ployees, showing job titles, dates of hire, weekly salary, and number of hours worked. The uncontroverted evidence before me established that the Union needs the requested data in order to de- termine which employees are employed on a regular part-time basis, to take note of their seniority status and job duties and for other reasons, all presumptively rele- vant to enable the Union to fulfill its responsibilities as the representative of those employees. In that regard, see Sandpiper Convalescent Center, 279 NLRB 1129,1135 (1986), and cases cited therein. The evidence is also uncontroverted that Respondent did not furnish the requested information. CONCLUSIONS OF LAW 1. Respondent is an employer engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act. 2. The Union is a labor organization as defined in Sec- tion 2(5) of the Act. 3. By not having furnished the Union with the infor- mation requested by the Union in its letter of October 28, 1988 , Respondent has engaged in an unfair labor practice within the meaning of Section 8(a)(1) and (5) of the Act. Sandpiper Convalescent Center, supra. 4. The aforesaid unfair labor practice affects commerce within the meaning of Section 2(6) and (7) of the Act. On these findings of fact and conclusions of law, I issue the following recommended' 1 If no exceptions are filed as provided by Sec 102 .46 of the Board's Rules and Regulations , the findings , conclusions , and recommended Continued 295 NLRB No. 131 BRISTOL MANOR HEALTH CARE CENTER 1107 ORDER The Respondent, Bristol Manor Health Care Center, Inc., Rochelle Park, New Jersey, its officers, agents, suc- cessors, and assigns, shall 1. Cease and desist from (a) Refusing to furnish Local 1115 Nursing Home and Hospital Employees unit described below, their job titles, their dates of hire, their weekly salaries , and the number of hours they worked. (b) In any like or related manner interfering with, re- straining, or coercing its 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) Furnish the Union in writing with the information it requested , as specified above, for all Respondent's em- ployees in the following unit: All full time and regular part-time employees in- cluding licensed practical nurses, nurses' aides, or- derlies, dietary employees, housekeeping employees and maintenance employees, but excluding all other employees, guards, and supervisors as defined in the Act. (b) Post at its Rochelle Park , New Jersey facility copies of the attached notice marked "Appendix."2 Copies of the notice, on forms provided by the Regional Director for Region 22, after being signed by the Re- spondent '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 Order shall , as provided in Sec 102 .48 of the Rules, be adopted by the Board and all objections to them shall be deemed waived for all pur- poses-2 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 Nation- al 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." posted . Reasonable steps shall be taken by the Respond- ent 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 furnish Local 1115 Nursing Home and Hospital Employees Union, a Division of 1115 Joint Board with the information requested by it in its letter dated October 28, 1988, that is, the names and addresses of employees employed in the unit described below, their job titles, their dates of hire , their weekly salaries, and the number of hours they worked. WE WILL NOT in any like or related manner interfere with , restrain , or coerce our employees in the exercise of the rights guaranteed them by Section 7 of the Act. WE WILL furnish the Union in writing with the infor- mation it requested, as specified above, for all our em- ployees in the following unit: All full time and regular part-time employees in- cluding licensed practical nurses, nurses' aides, or- derlies, dietary employees , housekeeping employees and maintenance employees , but excluding all other employees , guards, and supervisors as defined in the Act. BRISTOL MANOR HEALTH CARE CENTER, INC.