Eastern Maine Medical Center

National Labor Relations Board - Board Decisions

Dec 31, 1985

277 N.L.R.B. 1374 (N.L.R.B. 1985)

1374 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Eastern Maine Medical Center and Council #74,
American Federation of State, County & Mu-
nicipal Employees, AFL-CIO . Case 1-CA-
22876
31 December 1985
DECISION AND ORDER
By CHAIRMAN DOTSON AND MEMBERS
JOHANSEN AND BABSON
Upon a charge filed by the Union 24 April
1985,1 and amended by the Union 5 June, the Gen-
eral Counsel of the National Labor Relations
Board issued a complaint 6 June against the Com-
pany, the Respondent, alleging that it has violated
Section 8(a)(1) of the National Labor Relations
Act.
The complaint alleges that on 25 April the Re-
spondent, acting through its executive vice presi-
dent and administrator, Thomas J. Zellers, distrib-
uted to its employees a letter which informed them
that it was illegal for anyone to pressure an em-
ployee into signing a union card and, if any em-
ployee was so pressured, the employee should
report the incident to Zellers. On 14 June the
Company-filed its answer to the complaint admit-
ting in part and denying in part the allegations. On
27 June the Company filed a Motion for Summary
Judgment, with exhibits attached, and a brief in
support. On 2 July the-Board issued an order trans-
ferring the proceeding to the Board and a Notice
to Show Cause why the motion should not be
granted . The General Counsel filed a Cross-Motion
for Summary Judgment with attachments and a
supporting brief on 7 August. The Union filed a
brief in support of the General Counsel's Cross-
Motion for Summary Judgment and in opposition
to the Respondent's Motion for Summary Judg-
ment.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
Ruling on the Respondent's Motion for
Summary Judgment and the General Counsel's
Cross-Motion for Summary Judgment
In its answer to the complaint and its Motion for
Summary Judgment the Respondent admits that it
distributed a letter to its employees on 25 April,
but denies that the language in the letter constitutes
an unfair labor practice. The Respondent further
asserts that, since the sole issue presented is wheth-
er this letter constitutes a violation of the Act, no
facts are in dispute and the merits of this case can
be determined without an evidentiary hearing. In
her Cross-Motion for Summary Judgment, the
General Counsel agrees that the facts are not in
dispute, and that the allegations in the complaint
may be adjudicated without a hearing, but con-
tends that the Respondent's statements are unlaw-
ful.
As both parties agree that there are no issues
presented which would necessitate an evidentiary
hearing, on review of the record, we find it proper
to grant the General Counsel's Cross-Motion for
Summary Judgment and to deny the Respondent's
Motion for Summary Judgment.
On the entire record, the Board makes the fol-
lowing
FINDINGS OF FACT
I. JURISDICTION
The Company, a Maine corporation, is engaged
as a health care institution at its facility in Bangor,
Maine, where in the year preceding issuance of the
complaint it had gross revenues in excess of
$250,000, and purchased products, goods, and ma-
terials valued in excess of $50,000 directly from
points outside the State. We find that the Company
is an employer engaged in commerce within the
meaning of Section 2(6) and (7) of the Act, and
that the Union is a labor organization within the
meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
A. The Facts
On 25 April the Respondent distributed a letter
addressed to all Medical Center employees and
stating, inter alia, "[w]hile employees have the
right to sign union cards, they also have the right
not to sign union cards. It is illegal for anyone to
pressure an employee into signing cards; if this
happens to you let me know!" (Emphasis in the
original.) The letter was signed by Zellers.2
B. Contentions of the Parties
The General Counsel and the Union contend
that the language in the 25 April letter violates
Section 8(a)(1) of the Act because such statements
encourage employees to report to the employer in-
stances wherein they are put under pressure to
engage in union activities . The Respondent main-
tains that its statement is limited to providing em-
ployees with an outlet to report those situations
which involve illegal union pressure ; that there is
I All dates refer to 1985 unless otherwise indicated 2 The Company admits that Zellers is a supervisor and its agent
277 NLRB No. 151
EASTERN MAINE MEDICAL CENTER 1375
nothing in the letter that discourages card solicitors
from engaging in protected activities.
C. Discussion
As we have noted in previous cases,3 a statement
by an employer urging its employees to report if
they have been "harassed" or, as here , "pressur[ed]
... into signing cards ," is overly broad and un-
lawful. Such a statement has a potential dual effect
on employees . It both encourages employees to
report to the employer any union card solicitor
who approaches them in a manner subjectively of-
fensive to the solicited employees , and correspond-
ingly discourages union card solicitors in their pro-
tected organizational activities . We therefore agree
with the General Counsel that by instructing its
employees to report to it instances in which they
are "pressured" to sign a union card the Respond-
ent has violated Section 8(a)(1) of the Act.
CONCLUSIONS OF LAW
By circulating a ]letter on 25 April which in-
structed its employees to inform it if they were put
under pressure to sign a union authorization card,
the Respondent has engaged in unfair labor prac-
tices within the meaning of Section 8(a)(1) and
Section 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent has engaged
in and is engaging in unfair labor practices within
the meaning of Section 8(a)(1) of the Act, we shall
order it to cease and desist therefrom and to take
certain affirmative action designed to effectuate the
purposes of the Act.
ORDER
The National Labor Relations Board orders that
the Respondent, Eastern Maine Medical Center,
Bangor, Maine, its officers , agents, successors, and
assigns, shall
1. Cease and desist from
(a) Instructing its employees to inform it if they
are put under pressure to sign a union authorization
card.
(b) In any like or related manner interfering
with, restraining , or coercing employees in the ex-
ercise of the rights guaranteed them by Section 7
of the Act.
2. Take the following affirmative action neces-
sary to effectuate the policies of the Act.
(a) Post at its facilities in Bangor , Maine, copies
of the attached notice marked "Appendix."4
Copies of the notice , on forms provided by the Re-
gional Director for Region 1, after being signed by
the Respondent 's authorized representative , shall be
posted by the Respondent immediately upon re-
ceipt and maintained for 60 consecutive days in
conspicuous places including all places where no-
tices to employees are customarily posted . Reason-
able steps shall be taken by the Respondent to
ensure that the notices are not altered , defaced, or
covered by any other material.
(b) Notify the Regional Director in writing
within 20 days from the date of this Order what
steps the Respondent has taken to comply.
4 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 "
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 ordered us to post and abide by this notice.
WE WILL NOT instruct our employees to inform
us if they are put under pressure to sign a union au-
thorization card.
WE WILL NOT in any like or related manner
interfere with , restrain , or coerce you in the exer-
cise of the rights guaranteed you by Section 7 of
the Act.
a See , e g., Electric Hose & Rubber Co, 267 NLRB 488 (1983), J. H
Block & Co., 247 NLRB 262 (1980)
EASTERN MAINE MEDICAL CENTER