Consulate Healthcare, dba Bay Breeze, Consulate Kissimmee, Consulate West Altamonte, Consulate West

National Labor Relations Board - Unpublished Board Decisions

Aug 20, 2020

12-CA-249715 (N.L.R.B. Aug. 20, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
LV CHC HOLDINGS I, LLC d/b/a CONSULATE HEALTH
CARE; 1026 ALBEE FARM ROAD OPERATIONS LLC d/b/a
BAY BREEZE HEALTH AND REHABILITATION CENTER;
216 SANTA BARBARA BOULEVARD OPERATIONS LLC
d/b/a CORAL TRACE HEALTH CARE; MIAMI FACILITY
OPERATIONS LLC d/b/a FRANCO NURSING &
REHABILITATION CENTER; 3001 PALM COAST
PARKWAY OPERATIONS LLC d/b/a GRAND OAKS
HEALTH AND REHABILITATION CENTER; 2826
CLEVELAND AVENUE OPERATIONS LLC d/b/a
HERITAGE PARK REHABILITATION AND
HEALTHCARE; 4200 WASHINGTON STREET
OPERATIONS LLC d/b/a HILLCREST HEALTH CARE
AND REHABILITATION CENTER; KISSIMMEE FACILITY
OPERATIONS LLC d/b/a CONSULATE HEALTH CARE
OF KISSIMMEE; 710 NORTH SUN DRIVE OPERATIONS
LLC d/b/a LAKE MARY HEALTH AND REHABILITATION
CENTER; NORTH FORT MYERS FACILITY OPERATIONS
LLC d/b/a CONSULATE HEALTH CARE OF NORTH FORT
MYERS; 650 REED CANAL ROAD OPERATIONS LLC d/b/a
OAKTREE HEALTHCARE; 5405 BABCOCK STREET
OPERATIONS LLC d/b/a THE PALMS REHABILITATION
AND HEALTHCARE CENTER; 9311 SOUTH ORANGE
BLOSSOM TRAIL OPERATIONS LLC d/b/a PARKS
HEALTHCARE AND REHABILITATION CENTER; 4641
OLD CANOE CREEK ROAD OPERATIONS LLC d/b/a
PLANTATION BAY REHABILITATION CENTER; 5065
WALLIS ROAD OPERATIONS LLC d/b/a RENAISSANCE
HEALTH AND REHABILITATION; 7950 LAKE UNDERHILL
ROAD OPERATIONS LLC d/b/a RIO PINAR HEALTH CARE;
3920 ROSEWOOD WAY OPERATIONS LLC d/b/a
ROSEWOOD HEALTH AND REHABILITATION CENTER;
2170 CORTEZ BOULEVARD OPERATIONS LLC d/b/a
SPRING HILL HEALTH AND REHABILITATION CENTER;
1550 JESS PARRISH COURT OPERATIONS LLC d/b/a
VISTA MANOR; WEST ALTAMONTE FACILITY
OPERATIONS LLC d/b/a CONSULATE HEALTH CARE
AT WEST ALTAMONTE; WEST PALM BEACH FACILITY
OPERATIONS LLC d/b/a CONSULATE HEALTH CARE OF
WEST PALM BEACH
and Case 12-CA-249715
1199 SEIU, UNITED HEALTH CARE WORKERS EAST,
FLORIDA REGION
LV CHC HOLDINGS I, LLC d/b/a CONSULATE HEALTH
CARE; 6305 CORTEZ ROAD WEST OPERATIONS LLC
d/b/a BRADENTON HEALTH CARE; 2939 SOUTH
HAVERHILL ROAD OPERATIONS LLC d/b/a CORAL
BAY HEALTHCARE AND REHABILITATION; 1851
ELKCAM BOULEVARD OPERATIONS LLC d/b/a
DELTONA HEALTH CARE; 1820 SHORE DRIVE
OPERATIONS LLC d/b/a THE HEALTH AND
REHABILITATION CENTRE AT DOLPHIN'S VIEW;
3735 EVANS AVENUE OPERATIONS LLC d/b/a
EVANS HEALTH CARE; 611 SOUTH 13TH STREET
OPERATIONS LLC D/B/A FORT PIERCE HEALTH
CARE; 2916 HABANA WAY OPERATIONS LLC d/b/a
HABANA HEALTH CARE CENTER; 11565 HARTS
ROAD OPERATIONS LLC d/b/a HARTS HARBOR
HEALTH CARE CENTER; 125 ALMA BOULEVARD
OPERATIONS LLC d/b/a ISLAND HEALTH AND
REHABILITATION CENTER; 1120 WEST DONEGAN
AVENUE OPERATIONS LLC d/b/a KEYSTONE
REHABILITATION AND HEALTH CENTER/KEYSTONE
VILLAS ASSISTED LIVING CENTER; 207 MARSHALL
DRIVE OPERATIONS LLC d/b/a MARSHALL HEALTH
AND REHABILITATION CENTER; 3110 OAKBRIDGE
BOULEVARD OPERATIONS LLC d/b/a OAKBRIDGE
HEALTHCARE CENTER; 1010 CARPENTERS WAY
OPERATIONS LLC d/b/a WEDGEWOOD HEALTHCARE
CENTER; WINTER HAVEN FACILITY OPERATIONS,
LLC d/b/a CONSULATE HEALTH CARE OF WINTER
HAVEN; 6414 13TH ROAD SOUTH OPERATIONS LLC
d/b/a WOOD LAKE HEALTH AND REHABILITATION
CENTER
and Case 12-CA-250209
UNITED FOOD AND COMMERCIAL WORKERS
UNION, LOCAL 1625
ORDER DENYING MOTION
The Respondents’ motion to dismiss the consolidated complaint and defer the
charges to the parties’ contractual grievance and arbitration procedure is denied. This
denial is without prejudice to the Respondents’ right to renew their deferral arguments to
the administrative law judge, after presenting evidence, and to raise the deferral issue
before the Board on any exceptions that may be filed to the judge’s decision, if
appropriate.
Dated, Washington, D.C., August 20, 2020.
JOHN F. RING CHAIRMAN
MARVIN E. KAPLAN MEMBER
WILLIAM J. EMANUEL MEMBER