Narraguagus Bay Health Care Facility

National Labor Relations Board - Board Decisions

Apr 20, 2000

330 N.L.R.B. 182 (N.L.R.B. 2000)

330 NLRB No. 182
NOTICE: This opinion is subject to formal revision before publication in the
Board volumes of NLRB decisions. Readers are requested to notify the Ex-
ecutive Secretary, National Labor Relations Board, Washington, D.C.
20570, of any typographical or other formal errors so that corrections can
be included in the bound volumes.
Narraguagus Bay Health Care Facility and Downeast
Federation of Nurses & Health Professionals
Local 5073, A.F.T., AFL–CIO. Case 1–CA–37634
April 20, 2000
DECISION AND ORDER
BY MEMBERS FOX, LIEBMAN, AND HURTGEN
On a charge and an amended charge filed by the Union
on October 8 and November 22, 1999, respectively, the
General Counsel of the National Labor Relations Board
issued a complaint on December 15, 1999, against Nar-
raguagus Bay Health Care Facility, the Respondent, al-
leging that it has violated Section 8(a)(5) and (1) of the
National Labor Relations Act. On January 19, 2000, the
Respondent filed an answer to the complaint. Subse-
quently, on March 7, 2000, the Respondent filed an
amended answer in which it admitted all the allegations
in the complaint.
On March 22, 2000, the General Counsel filed a Mo-
tion for Summary Judgment with the Board. On March
23, 2000, the Board issued an order transferring the pro-
ceeding to the Board and a Notice to Show Cause why
the motion should not be granted. The Respondent filed
no response. The allegations in the motion are therefore
undisputed.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on Motion for Summary Judgment
As noted above, the Respondent, in its amended an-
swer of March 7, 2000, admitted all the allegations in the
complaint. Thus, the Respondent, among other things,
admitted that:

On or about October 8, 1999, the Respondent failed to
continue in effect all the terms and conditions of the
collective-bargaining agreement . . . by failing to pay
health insurance premiums as required by section
19.2.1 of the agreement. [This] subject . . . relates to
wages, hours, and other terms and conditions of em-
ployment of the Unit and is a mandatory subject for the
purposes of collective bargaining. Respondent engaged
in the conduct . . . without the Union’s consent. By the
conduct . . . Respondent has been failing and refusing
to bargain collectively and in good faith with the exclu-
sive collective-bargaining representative of its employ-
ees within the meaning of Section 8(d) of the Act in
violation of Section 8(a)(5) and (1) of the Act.

As the Respondent has raised no defense, and has ad-
mitted its obligation to pay the health insurance premi-
ums under the collective-bargaining agreement, we find
that all the allegations of the complaint are true and that
the Respondent violated Section 8(a)(5) and (1) of the
Act by failing to pay those premiums. Accordingly, we
grant the General Counsel’s Motion for Summary Judg-
ment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent, a corporation
with an office and place of business in Millbridge,
Maine, has been engaged in the operation of a nursing
home. Annually, the Respondent, in conducting its busi-
ness operations described above, derives gross revenues
in excess of $100,000, and purchases and receives at its
Millbridge, Maine facility goods valued in excess of
$5000 directly from points outside the State of Maine.
We find that the Respondent is an employer engaged in
commerce within the meaning of Section 2(2), (6), and
(7) of the Act, and that it has been a health care institu-
tion within the meaning of Section 2(14) of the Act. We
also find that the Union is a labor organization within the
meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
The following employees of the Respondent (the unit)
constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9(b) of the
Act:

The unit set forth at Section 2.1 of the September 1,
1997 collective-bargaining agreement between the Un-
ion and the Respondent.

At all material times, the Union has been the desig-
nated exclusive collective-bargaining representative of
the unit and has been recognized as the representative by
the Respondent. This recognition has been embodied in
successive collective-bargaining agreements, the most
recent of which is effective from September 1, 1997, to
March 31, 2000.
At all times since at least September 1, 1997, based on
Section 9(a) of the Act, the Union has been the exclusive
collective-bargaining representative of the unit.
On about Septemb er 1, 1997, the Respondent and the
Union entered into a collective-bargaining agreement
with respect to terms and conditions of employment of
the unit, effective by its terms from September 1, 1997,
to March 31, 2000.
On about October 8, 1999, the Respondent failed to
continue in effect all the terms and conditions of the col-
lective-bargaining agreement described above by failing
to pay health insurance premiums as required by section
19.2.1 of the agreement. This subject relates to wages,
hours, and other terms and conditions of employment of
the unit and is a mandatory subject for the purposes of
collective bargaining. The Respondent engaged in the
conduct described above without the Union’s consent.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2
CONCLUSION OF LAW
By the acts and conduct described above, the Respon-
dent has failed and refused to bargain collectively and in
good faith with the exclusive collective-bargaining repre-
sentative of its employees within the meaning of Section
8(d) of the Act, and has thereby engaged in unfair labor
practices affecting commerce within the meaning of Sec-
tion 8(a)(5) and (1), and Section 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent has engaged in cer-
tain unfair labor practices, we shall order it to cease and
desist and to take certain affirmative action designed to
effectuate the policies of the Act. Specifically, having
found that the Respondent has violated Section 8(a)(5)
by failing to pay health insurance premiums as required
by the collective-bargaining agreement, we shall order
the Respondent to restore the employees’ health cover-
age. In addition, the Respondent shall reimburse unit
employees for any expenses ensuing from its failure to
make the required premium payments, as set forth in
Kraft Plumbing & Heating, 252 NLRB 891 fn. 2 (1980),
enfd. mem. 661 F.2d 940 (9th Cir. 1981), such amounts
to be computed in the manner set forth in Ogle Protec-
tion Service, 183 NLRB 682 (1970), with interest as pre-
scribed in New Horizons for the Retarded, 283 NLRB
1173 (1987).
ORDER
The National Labor Relations Board orders that the
Respondent, Narraguagus Bay Health Care Facility,
Millbridge, Maine, its officers, agents, successors, and
assigns, shall
1. Cease and desist from
(a) Failing to comply with the terms of the 1997–2000
collective-bargaining agreement with Downeast Federa-
tion of Nurses & Health Professionals Local 5073,
A.F.T., AFL–CIO, by failing to pay health insurance
premiums as required by section 19.2.1 of the agreement.
(b) In any like or related manner interfering with, re-
straining, or coercing employees in the exe rcise 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) Restore the employees’ health coverage by paying
the health insurance premiums as required by the 1997–
2000 collective-bargaining agreement.
(b) Make the employees in the following unit whole
for the Respondent’s failure to pay the contractually re-
quired health insurance premiums, in the manner set
forth in the remedy section of this decision.
The unit set forth at Section 2.1 of the September 1,
1997 collective-bargaining agreement between the Un-
ion and the Respondent.
(c) Preserve and, within 14 days of a request, make
available to the Board or its agents for examination and
copying, all payroll records, social security payment re-
cords, timecards, personnel records and reports, and all
other records necessary to analyze the amount of back-
pay due under the terms of this Order.
(d) Within 14 days after service by the Region, post at
its facility in Millbridge, Maine, copies of the attached
notice marked “Appendix.”1 Copies of the notice, on
forms provided by the Regional Director for Region 1,
after being signed by the Respondent’s authorized repre-
sentative, shall be posted by the Respondent and main-
tained for 60 consecutive days in conspicuous places
including all places where notices to employees are cus-
tomarily posted. Reasonable steps shall be taken by the
Respondent to ensure that the notices are not altered,
defaced or covered by any other material. In the event
that, during the pendency of these proceedings, the Re-
spondent has gone out of business or closed the facility
involved in these proceedings, the Respondent shall du-
plicate and mail, at its own expense, a copy of the notice
to all current employees and former employees employed
by the Respondent at any time since October 8, 1999.
(e) Within 21 days after service by the Region, file
with the Regional Director a sworn certification of a re-
sponsible official on a form provided by the Region at-
testing to the steps that the Respondent has taken to
comply.
Dated, Washington, D.C. April 20, 2000

Sarah M. Fox, Member

Wilma B. Liebman, Member

Peter J. Hurtgen, Member

(SEAL) 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 vio-
lated the National Labor Relations Act and has ordered us to
post and abide by this notice.

WE WILL NOT fail to comply with the terms of the
1997–2000 collective-bargaining agreement with Downeast
Federation of Nurses & Health Professionals Local 5073,

1 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 Na-
tional Labor Relations Board” shall read “Posted Pursuant to a Judg-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
NARRAGUAGUS BAY HEALTH CARE FACILITY 3
A.F.T., AFL–CIO, by failing to pay health insurance
premiums as required by section 19.2.1 of the agreement.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
guaranteed you by Section 7 of the Act.
WE WILL restore the employees’ health coverage by
paying the health insurance premiums as required by the
1997–2000 collective-bargaining agreement.
WE WILL make the employees in the following unit
whole for our failure to pay the contractually required
health insurance premiums, with interest.

The unit set forth at Section 2.1 of the September 1,
1997 collective-bargaining agreement between the Un-
ion and the us.

NARRAGUAGUS BAY HEALTH CARE FACILITY