Northlake Convalescent Hospital

National Labor Relations Board - Board DecisionsNov 26, 1968

173 N.L.R.B. 992 (N.L.R.B. 1968)

992 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Northlake Convalescent Hospital and Hospital & Institutional Workers Union No . 250, Service Employees International Union , AFL-CIO. Case 20-RC-8014 November 26, 1968 DECISION AND CERTIFICATION OF RESULTS OF ELECTION By MEMBERS FANNING, JENKINS, AND ZAGORIA Pursuant to a Stipulation for Certification Upon Consent Election, an election by secret ballot was conducted on May 22, 1968, under the direction and supervision of the Regional Director for Region 20, among the employees in the unit described below. At the conclusion of the election, the parties were furnished with a tally of the ballots which showed that of approximately 32 eligible voters, 26 cast ballots, of which 12 were for, and 14 were against, the Petitioner There were no challenged ballots. Thereafter, the Petitioner filed timely objections to conduct affecting the results of the election On August 23, 1968, the Acting Regional Director issued and duly served upon the parties his Report on Objections. Although he finds Petitioner's objections are without merit, he recommends that the election be set aside on other grounds. On September 16, 1968, the Employer filed timely exceptions to the report and a supporting brief. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with this case to a three- member panel. Upon the entire record in this case, the Board finds 1. The Employer is engaged in commerce within the meaning of the Act, and it will effectuate the policies of the Act to assert jurisdiction herein. 2. The Petitioner is a labor organization claiming to represent certain employees of the Employer. 3. A question affecting commerce exists con- cerning the representation of employees of the Employer. 4. The parties stipulated, and we so find, that the following employees constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act. All dietary and nursing department employees, including licensed vocational nurses, nurses' aides, maids, and laundry employees, excluding registered nurses, other professional employees, office clerical employees, guards and supervisors, as defined in the Act. 5. The Board has considered the Acting Regional Director's Report, the Employer's exceptions and brief, and the entire record in this case, and hereby makes the following findings. On May 20, 1968, 2 days before the election, the Employer mailed the employees a 3 page document containing the following statement: I hope you will not vote in a way that you will wish to withdraw or change later For, once you vote, YOU WILL HAVE HAD YOUR ONLY CHANCE to assert the personal freedom which you now enjoy. If you vote for the Union, from there on out it will be in their hands. The Acting Regional Director finds that these words imply that if the employees select the Petitioner as their bargaining representative they can never reject it, when actually, at an appropriate time, employees may institute proceedings to decertify a bargaining representative. He further finds that as the document was mailed only 2 days before the election there was no opportunity for an effective reply. He concludes that the statement constituted a material misrepresen- tation which impaired a free expression of choice by the employees and recommends that the election be set aside.' In our opinion Employer's statements are ambiguous and do not constitute such a misrepresen- tation as would impair a free expression of choice by the employees.' Accordingly, we shall overrule the Acting Regional Director's recommendation that the election be set aside. As the tally of the ballots shows that the Petitioner has not received a majority of the valid ballots cast, we shall certify the results of the election. CERTIFICATION OF RESULTS OF ELECTION It is hereby certified that a majority of the valid votes has not been cast for Hospital & Institutional Workers Union No. 250, Service Employees Interna- tional Union, AFL-CIO, and that said labor organiza- tion is not the exclusive representative of the em- ployees in the unit found appropriate within the meaning of Section 9(a) of the National Labor Relations Act, as amended. I In the absence of exceptions , we adopt, pro forma, the Acting election investigation is not limited to the issues raised by the parties Regional Director 's other findings and conclusions. Hobart Manufacturing Company, 92 NLRB 203, Thomas Products Co, The Employer contends that it was error for the Acting Regional 169 NLRB No 55 Director to go beyond the scope of Petitioner's objections . We have long 2 Hollywood Ceramics Company, Inc., 140 NLRB 221, 224 held that the jurisdiction of the Regional Director in making a post 173 NLRB No 149