Riverton General Hospital

National Labor Relations Board - Board Decisions

Aug 19, 1975

219 N.L.R.B. 1199 (N.L.R.B. 1975)

RIVERTON GENERAL HOSPITAL 1199
Riverton General Hospital and Local 6, Service Em-
ployees International Union , AFL-CIO, Petitioner.
Case 19-RC-7257
August 19, 1975
DECISION AND CERTIFICATION OF
REPRESENTATIVE
BY CHAIRMAN MURPHY AND MEMBERS FANNING AND
JENKINS
Pursuant to authority granted it under Section 3(b)
of the National Labor Relations Act, as amended, a
three-member panel has considered the objection to
the elections held on October 10 and 11, 1974,' and
the Hearing Officer's Report on Objection issued on
May 23, 1975, recommending disposition of same .2
The Board has reviewed the record in light of the
exceptions and brief and hereby adopts the Hearing
Officer's findings , conclusions , and recommenda-
tions that the objection be overruled and that a Certi-
fication of Representative issue . The Hearing Officer
found that the Employer had failed to present suffi-
cient evidence to establish that the alleged threat to
employee Marcia Earl was attributable to the Peti-
tioner. Specifically, he found that Earl, the
Employer's chief witness, was unreliable and that her
testimony was inconsistent. We agree. Therefore, in
view of these findings we find it unnecessary to con-
The elections were conducted pursuant to a Stipulation for Certification
Upon Consent Election . In stipulated Unit A the tally was : 28 for, and 22
against, the Petitioner ; there were 2 challenged ballots, an insufficient num-
ber to effect the results in the stipulated unit . In stipulated Unit B the tally
was: 7 for, and 5 against , the Petitioner ; there were no challenged ballots.
2 The Employer filed two objections to the election . Whereupon , the Act-
ing Regional Director conducted an investigation and, on November 19,
1974, issued and served on the parties his Report on Objections recom-
mending that Objection 2 be overruled and that the issues of fact raised by
Objection I be resolved at an evidentiary hearing . Thereupon, the Employer
filed exceptions to the Acting Regional Director's report . On March 12,
1975, the Board issued its Decision and Order Directing Hearing and adopt-
ed the findings, conclusions , and recommendations of the Acting Regional
Director's report . Following the hearing, the Hearing Officer issued his
aforementioned report.
Sider, and we do not adopt, the Hearing Officer's
further finding that, assuming the alleged threat was
attributable to the Petitioner, the Employer had not
presented a prima facie case of objectionable conduct
in the circumstances of this case.
CERTIFICATION OF REPRESENTATIVE
It is hereby certified that a majority of the valid
ballots have been cast for Local 6, Service Employees
International Union, AFL-CIO, and that, pursuant
to Section 9(a) of the National Labor Relations Act,
as amended, the said labor organization is the exclu-
sive representative of all the employees in each of the
following appropriate units found appropriate herein
for the purposes of collective bargaining in respect to
rates of pay, wages , hours of employment, or other
terms and conditions of employment.
Unit A
All regularly scheduled employees of the Em-
ployer employed in the housekeeping, nursing,
dietary, operating room and central service de-
partments, excluding professional or licensed
nursing personnel, registered, certified or li-
censed technical personnel , operating engineers,
office clerical personnel, nursing students, casu-
al and on-call employees, confidential employ-
ees, laundry and warehouse department employ-
ees, guards and supervisors as defined in the
Act.
Unit B
All regularly scheduled employees of the Em-
ployer employed in the laundry and warehouse
departments , excluding all regularly scheduled
employees of the Employer employed in the
housekeeping, nursing, dietary, operating room
and central service departments , professional or
licensed nursing personnel , registered, certified
or licensed technical personnel , operating engi-
neers, office clerical personnel, nursing students,
casual and on-call employees, confidential em-
ployees, guards and supervisors as defined in the
Act.
219 NLRB No. 183