Community Convalescent East

National Labor Relations Board - Board Decisions

Nov 12, 1975

221 N.L.R.B. 608 (N.L.R.B. 1975)

608 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Spring Road Corporation d/b/a Community Conva-
- lescent East ; Louisiana Corporation , Inc. d/b/, a
Convalescent West; and Heartwood Avenue Cor-
poration d/b/a The Heartwood and Hospital and
Institutional Workers Local 250, Service Employ-
ees International Union, AFL-CIO, Petitioner.
Case 20-RC-12272
November 12, 1975
DECISION AND ORDER
BY CHAIRMAN MURPHY AND MEMBERS
FANNING AND JENKINS
Pursuant to a Stipulation for Certification Upon
Consent Election approved by 'the Acting Regional
Director, on October 4, 1974, an election by secret
ballot was conducted on November 7, 1974, among
the employees in the units found appropriate herein
employed at the three Employers' operations of three
separate convalescent homes in Vallejo, California.
The official tallies of ballots served on the parties at
the conclusion of the election showed that in Unit A,
of approximately 38 eligible voters, 30 cast ballots, of
which 19 were for and 11 against Petitioner; in Unit
B, of approximately 25 eligible voters, 22 cast ballots
'of which 14 were for and 8 against Petitioner; and in
Unit C,1 of approximately 15 eligible voters, 15 cast
ballots, of which 6 were for and 7 against Petitioner.
Two -ballots were '6allenged and are'sufficient in
number to, affect the results of the election in Unit C.
On November 14, 1974, the-Petitioner filed timely
objections to the election 'in Unit C, and on that
same day,'the Employer filed timely objections to the
election in all three units.
Pursuant to Section 102.69 of the Board's Rules
and, Regulations, Series 8, ' as amended, the Acting
Regional Director caused an investigation to be
made' of the challenged ballots and the Petitioner's
and Employers' ,objections, and on April 28, 1975,
issued and served on the parties her Report on
Challenged Ballots and Objections; Order Consoli-
dating Cases, and Notice of Hearing wherein she
recommended that the challenge to the ballot of
Anna Slaybaugh be overruled, that the challenge to
the ballot of Dorothy Dinwiddie raised substantial
and material issues of fact which could best be
resolved through a hearing, that the ballot of Anna
Slaybaugh not be counted until after the hearing on
the challenge to Dinwiddie's ballot, that Petitioner's
Objections 1, 3, 4, and 8 be overruled, that the issues
raised in Petitioner's Objections 2, 5, 6, and 7 could
best be resolved through a hearing, that the Employ-
er's Objection 16 raised issues that could best be
r The Acting Regional Director 's incorrect reference to Convalescent
221 NLRB No. 86
resolved through a hearing, that the Employer's
Objections 1 thru 15 and 17 thru 20 be overruled,
that the issues raised under, the challenge to -Dinwid-
die's vote and the objection that will be resolved
through a hearing be heard by an Administrative
Law Judge designated to try the issues raised in the
complaint in Case 20-CA-9799, and that for purpos-
es of the hearing, Case 20-RC-12272 be consolidated
with Case 20-CA-9799. Thereafter, the Employer
filed timely exceptions to the Acting Regional
Director's' Report.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations ^ Board has delegated its
authority in this proceeding to a three-member panel.
Upon the entire record in this proceeding the
Board finds:
1. The Employers are engaged in commerce
within the meaning of the Act, and it will effectuate
the purposes of the Act to assert jurisdiction herein.
2. The labor organization involved claims to
represent certain employees of the Employers.
3. A question affecting commerce exists concern-
ing the representation of certain employees of the
Employers within, the meaning of Section 9(c)(1) and
-Section'2(6) and (7) of the Act.
4. The parties stipulated and we find that the
following employees constitute appropriate units for
the purpose of collective bargaining within the
meaning of Section 9(b) of the Act:
Unit A: All full-time and regular part-time
nursing department, housekeeping depart-
ment, ^ and dietary department employees
employed by Spring Road Corporation
d/b/a Community Convalescent East, at its
facility located in Vallejo,,California, includ-
ing licensed vocational nurses, nurses aide,
housekeepers, janitors, cooks, dietary aides,
laundry workers, and maintenance employ-
ees; excluding, registered nurses, office cleri-
cal employees, guards, and supervisors as
defined in the Act.
Unit B: All full-time and regular part-time
nursing department, housekeeping depart-
ment, and dietary department employees
employed by Louisiana Corporation, Inc.
d/b/a Convalescent West, at its facility
located in Vallejo, California, including
licensed vocational nurses, nurses aides,
housekeepers, janitors, cooks, dietary aides,
laundry workers, and maintenance employ-
ees; excluding registered nurses, office cleri-
cal employees, guards, and supervisors as
defined in the Act.
West as voting Unit C has no bearing on the objections
COMMUNITY CONVALESCENT EAST
Unit C: All full-time and regular part-time
nursing department, housekeeping depart-
ment, and dietary department employees
employed by Heartwood Avenue Corpora-
tion d/b/a The Heartwood, at its facility
located in Vallejo, California, including
resident attendants, housekeepers, janitors,
cooks, dietary aides, laundry workers, and
maintenance employees; excluding regis-
tered nurses, office clerical employees,
guards, and supervisors as defined in the
Act.
5. The Board has considered the Acting Regional
Director's report on challenges and objections and
hereby adopts the Acting Regional Director's find-
ings, conclusions, and recommendations with the
following modification.2 We do not agree with the
Acting Regional, Director that Slaybaugh's ballot
should not be opened and counted at this time. The
counting of her ballot in Unit C could very well
eliminate the need for a hearing on the challenge,to
Dinwiddie's ballot.' In these circumstances, we shall
direct that Slaybaugh's'ballot be opened and counted
and a revised tally of ballot in Unit C be served on
the parties and, in the event, the challenged ballot of
Dorothy Dinwiddie cannot affect the results of the
election no further proceedings with regard to her
ballot shall be taken.
ORDER
It is hereby ordered that the Regional Director
shall open and count the ballot of Anna Slaybaugh,
and serve on the parties a revised tally of ballots for
Unit C.
2 Other than as to the issue of the counting of Slaybaugh's ballot, the
Employer's exceptions in our opinion raise no issue which would warrant
609
IT IS FURTHER ORDERED that in the event the
revised tally of ballots in Unit C shows that the ballot
of Dorothy Dinwiddie can affect the results of the
election in Unit C, the determination as to her
eligibility shall be determined through the hearing
directed herein.
IT IS FURTHER ORDERED that a hearing be held to
resolve the issues raised by Petitioner's Objections 2,
5, 6, and 7, by the challenged ballot of Dorothy
Dinwiddie if her ballot will be determinative of the
results of the election in Unit C, and by Employer's
Objection 16, and that the Regional Director be, and
she hereby is, authorized to issue notice thereof; and
pursuant to Section 102.33 and 102.72 of the Board's
Rules and Regulations, Series 8, as amended, that
such hearing be consolidated with the hearing in
Case 20-CA-9799 to be held before a duly designat-
ed Administrative Law Judge; and the Administra-
tive Law Judge designated for the purpose of
conducting the hearing is hereby requested to
prepare and cause to be served on the parties a report
containing resolutions of the credibility of witnesses,
findings of fact, and recommendations to the Board
as to the disposition of said objections and chal-
lenged ballot. Within 20 days from the issuance of
such report, any party may file with. the Board in
Washington, D.C., eight copies of exceptions, thereto
with supporting brief, if desired. Immediately upon
the filing of such exceptions, the party filing the same
shall serve a copy thereof, together with a copy of
any briefs filed on the other party. If no exceptions
are filed thereto, the Board may decide the matter
forthwith on the record or make other disposition of
the case.
reversal of the Acting Regional Director's findings , conclusions, and
recommendations