DHSC, LLC, d/b/a Affinity Medical Center, Greenbrier VMC, LLC, d/b/a Greenbrier Valley Medical Cente

National Labor Relations Board - Unpublished Board Decisions

Jun 17, 2020

10-CA-150997 (N.L.R.B. Jun. 17, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
GREENBRIER, VMC, LLC D/B/A GREENBRIER
VALLEY MEDICAL CENTER, COMMUNITY
HEALTH SYSTEMS, INC., AND/OR COMMUNITY
HEALTH SYSTEMS PROFESSIONAL SERVICES
CORPORATION, LLC, A SINGLE EMPLOYER
AND/OR JOINT EMPLOYERS
and Case 10-CA-150997
NATIONAL NURSES ORGANIZING COMMITTEE
(NNOC), AFL-CIO
DECISION AND ORDER
Statement of the Case
On March 11, 2020, Greenbrier, VMC, LLC d/b/a Greenbrier Valley Medical
Center (Respondent Greenbrier), Community Health Systems, Inc. (CHSI), Community
Health Systems Professional Services Corporation, LLC (CHSPSC), National Nurses
Organizing Committee (NNOC), AFL-CIO (Charging Party or NNOC), and the General
Counsel of the National Labor Relations Board entered into a Formal Settlement
Stipulation, approved by the administrative law judge and subject to Board approval,
providing for the entry of a consent order by the Board and a consent judgment by any
appropriate United States Court of Appeals. The Respondent waived all further and
other proceedings before the Board to which it may be entitled under the National Labor
Relations Act (the Act) and the Board’s Rules and Regulations, and the Respondent
waived its right to contest the entry of a consent judgment or to receive further notice of
the application therefor.
The Formal Settlement Stipulation is approved and made a part of the record,
and the proceeding is transferred to and continued before the Board in Washington,
D.C., for the entry of a Decision and Order pursuant to the provisions of the Formal
Settlement Stipulation.
Based on the Formal Settlement Stipulation and the entire record, the Board
makes the following
Findings of Fact
1. The Respondent’s business
2
At all material times, Respondent Greenbrier has been an employer engaged in
commerce within the meaning of Section 2(2), (6) and (7) of the Act and has been a
health care institution within the meaning of Section 2(14) of the Act.
2. At all material times, NNOC has been a labor organization within the meaning
of Section 2(5) of the Act.
3. The appropriate unit
At all times since September 25, 2012, based on Section 9(a) of the Act, NNOC
has been the exclusive collective-bargaining representative of the following appropriate
bargaining unit:
All full time, regular part-time, and per diem Registered Nurses, including
those who serve as relief charge nurses, employed by Respondent
Greenbrier at its 202 Maplewood Avenue, Ronceverte, West Virginia
hospital; excluding all other employees, including managers, confidential
employees, physicians, technical employees, service and maintenance
employees, employees of outside registries and other agencies supplying
labor to Respondent Greenbrier, guards and supervisors as defined in the
Act.
ORDER
Based on the above findings of fact, the Formal Settlement Stipulation and the
entire record, and pursuant to Section 10(c) of the National Labor Relations Act, the
National Labor Relations Board orders that the Respondent, Greenbrier, VMC, LLC
d/b/a Greenbrier Valley Medical Center, Ronceverte, West Virginia, its officers, agents,
successors, and assigns, shall take the following affirmative action necessary to
effectuate the policies of the Act:1
1 The General Counsel and the Respondent also negotiated an informal settlement
agreement that provides, among other things, for the posting, reading, emailing, and
mailing of a Notice to Employees that includes the allegations of the Third Amended
Consolidated Complaint covered by this Formal Settlement Stipulation. The
administrative law judge further issued an Order Granting Motions to Correct Notices
and Clarify Settlement Agreements that, for the purposes of this Formal Settlement,
corrects the heading of the notice.
In addition, par. 6(B)(6) of the settlement stipulation twice refers to “subsection
8(B)(5).” However, the referenced provision appears in par. 6(B)(5). We correct the
inadvertent errors.
3
(a) Make Respondent Greenbrier’s bargaining unit employees whole for any loss
of wages or benefits suffered as a result of any requirement enforced beginning in or
about October 2014 to reduce Paid Time Off accrual banks to 80 hours.
Dated, Washington, D.C., June 17, 2020.
___________________________________
John F. Ring, Chairman
___________________________________
Marvin E. Kaplan, Member
___________________________________
William J. Emanuel, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
The Board’s decision can be found at www.nlrb.gov/case/10-CA-150997 or by using the
QR code below. Alternatively, you can obtain a copy of the decision from the Executive
Secretary, National Labor Relations Board, 1015 Half Street, S.E., Washington, D.C.
20570, or by calling (202) 273-1940.