Sagar, Inc. d/b/a La Mariposa Care and Rehabilitation Center

National Labor Relations Board - Board Decisions

Feb 8, 2018

366 NLRB No. 17 (N.L.R.B. 2018)

366 NLRB No. 17
NOTICE: This opinion is subject to formal revision before publication in the
bound 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.
Sagar, Inc. d/b/a La Mariposa Care and Rehabilita-
tion Center and Service Employees International
Union, Local 2015. Case 20–CA–203025
February 8, 2018
DECISION AND ORDER
BY CHAIRMAN KAPLAN AND MEMBERS PEARCE
AND MCFERRAN
The General Counsel seeks a default judgment in this
case on the ground that the Respondent has failed to file
an answer to the complaint. Upon a charge filed by Ser-
vice Employees International Union, Local 2015 (the
Union) on July 24, 2017, the General Counsel issued a
complaint on October 23, 2017, against Sagar, Inc. d/b/a
La Mariposa Care and Rehabilitation Center (the Re-
spondent), alleging that the Respondent violated Section
8(a)(5) and (1) of the National Labor Relations Act. The
Respondent failed to file an answer.
On November 20, 2017, the General Counsel filed
with the Board a Motion for Default Judgment. Thereaf-
ter, on November 24, 2017, the Board issued an order
transferring the proceeding to the Board and a Notice to
Show Cause why the motion should not be granted.1 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 Default Judgment
Section 102.20 of the Board’s Rules and Regulations
provides that the allegations in a complaint shall be
deemed admitted if an answer is not filed within 14 days
from service of the complaint, unless good cause is
shown. In addition, the complaint affirmatively stated
that unless an answer was received by November 6,
2017, the Board may find, pursuant to a motion for de-
fault judgment, that the allegations in the complaint are
true. Further, the undisputed allegations in the General
Counsel’s motion disclose that the Region, by letter dat-
ed November 9, 2017, notified the Respondent that un-
less an answer was received by November 17, 2017, a
motion for default judgment would be filed. Neverthe-
less, the Respondent failed to file an answer.
In the absence of good cause being shown for the fail-
ure to file an answer, we deem the allegations in the

1 On December 5, 2017, the Respondent requested an extension of
time to file a response to the Notice to Show Cause. On December 6,
2017, the Board granted the Respondent’s request. However, even with
this extension, the Respondent failed to file a response to the Notice to
Show Cause.
complaint to be admitted as true, and we grant the Gen-
eral Counsel’s Motion for Default Judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent has been a Cali-
fornia corporation with a facility located at 1244 Travis
Boulevard, Fairfield, California, and has been engaged in
the business of operating a skilled nursing facility
providing inpatient care.
In conducting its operations during the 12-month peri-
od ending September 30, 2017, the Respondent derived
gross revenues in excess of $100,000, and purchased and
received at its Fairfield, California facility goods valued
in excess of $5000 directly from points outside the State
of California.
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 is a healthcare institution 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
At all material times, the following individuals held
the positions set forth opposite their respective names
and have been supervisors of the Respondent within the
meaning of Section 2(11) of the Act and agents of the
Respondent within the meaning of Section 2(13) of the
Act:
Frank Diolosa - Administrator
Janee Flanders - Administrator
At all material times, Prema Thekkek has been Vice
President of the Respondent and an agent of the Re-
spondent within the meaning of Section 2(13) of the Act.
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:
All regular full-time, regular part-time and casual (on-
call) employees in non-supervisory classifications and
any other classifications which may be established
within the scope of the duties now included within
those classifications. Excluded from the bargaining
unit on the basis of status are temporary employees,
guards and supervisors as defined by the NLRA.
Excluded from the bargaining unit on the basis of clas-
sification are registered nurses, licensed vocational
nurses, activities assistants, accounts receivable assis-
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
tants, admissions clerks, central supply clerks, data en-
try clerks, medical records clerks, receptionists, social
service assistants, and ward clerks.
Since at least October 1, 2015, and at all material
times, the Union has been the exclusive-collective bar-
gaining representative of the unit, and since then, the
Union has been recognized as the representative by the
Respondent. This recognition has been embodied in suc-
cessive collective-bargaining agreements, the most recent
of which is effective by its terms from October 1, 2015 to
October 1, 2018.
At all times since at least October 1, 2015, based on
Section 9(a) of the Act, the Union has been the exclusive
collective-bargaining representative of the unit.
On or about June 7, 2017, the Union requested in writ-
ing that the Respondent furnish the Union with the fol-
lowing information for each actively-employed unit em-
ployee:
1. Facility name
2. Employee first name and last name
3. Employee address
4. Effective date of hire
5. Job title/classification
6. Department
7. Status of employment (full time, part time, on-call,
etc.)
8. Hours per week (40, 35, 20, etc.)
9. Shift
10. Employee ID number
11. Rate of pay
12. Membership status (yes/no)
On or about June 29, 2017, the Union, in writing, reit-
erated its request that the Respondent furnish the Union
with the unit information described above.
On or about July 13, 2017, the Union, in writing, reit-
erated its request that the Respondent furnish the Union
with the unit information described above.
On or about August 3, 2017, the Respondent furnished
the Union with the unit information described above.
The information requested by the Union, as described
above, is necessary for, and relevant to, the Union’s per-
formance of its duties as the exclusive collective-
bargaining representative of the unit.
From about June 7, 2017 to about August 3, 2017, the
Respondent unreasonably delayed in furnishing the Un-
ion with the information requested by it as described
above.
CONCLUSION OF LAW
By unreasonably delaying in furnishing the Union with
requested information that is relevant and necessary to
the Union’s performance of its functions as the exclusive
collective-bargaining representative of the Respondent’s
unit employees, the Respondent failed and refused to
bargain collectively with the exclusive collective-
bargaining representative of its employees in violation of
Section 8(a)(5) and (1) of the Act. The unfair labor prac-
tices of the Respondent described above affect commerce
within the meaning of Section 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent violated Section
8(a)(5) and (1) of the Act by unreasonably delaying in
furnishing the Union with requested information that is
relevant and necessary for its role as the exclusive collec-
tive-bargaining representative of the unit employees, we
shall order the Respondent to cease and desist and to take
certain affirmative action designed to effectuate the pur-
poses of the Act.2
ORDER
The National Labor Relations Board orders that the
Respondent, Sagar, Inc. d/b/a La Mariposa Care and Re-
habilitation Center, Fairfield, California, its officers,
agents, successors, and assigns shall take the following
affirmative action necessary to effectuate the policies of
the Act.
1. Cease and desist from
(a) Refusing to bargain collectively with Service Em-
ployees International Union, Local 2015 (the Union) as
the exclusive collective-bargaining representative of the

2 In its joinder to the General Counsel’s Motion for Default Judg-
ment, the Union requests that the Board’s notice include a reference to
the Board’s Mobile App, that the Respondent be required to mail the
notice (along with the Board’s Decision) to all former and current em-
ployees, and that the Respondent be required to post the notice for the
period of time from when the violation began until the notice is posted.
The Union further requests that the Board require the Respondent’s
authorized representative to print his or her name on the notice in addi-
tion to signing it, that the Board require that the notice be read to em-
ployees, and that employees be allowed to inquire as to the scope and
effect of the remedy without the Respondent present but with the Union
present and on employees’ work time and while being paid. Finally,
the Union requests the Board to require the Respondent to include the
notice with any payroll statements, allow employees work time to read
the Board’s Decision and notice, and that the Board’s Employee Rights
Notice be posted permanently. We deny the Union’s requests because
the Union has not shown that these additional measures are needed to
remedy the effects of the Respondent’s unfair labor practices. See Pro
Works Contracting, Inc., 365 NLRB No. 150, slip op. at 3 fn. 3 (2017).
Finally, the Union requests that the remedial notice state that the Re-
spondent has been found to have violated the National Labor Relations
Act. With respect to this request, we note that the attached notice,
which conforms to the Board’s standard remedial language, states that
the Respondent “violated Federal labor law.”
SAGAR, INC. D/B/A LA MARIPOSA CARE & REHABILITATION CENTER 3
unit employees by unreasonably delaying in furnishing
the Union with requested information that is relevant and
necessary to the Union’s performance of its functions as
the exclusive collective-bargaining representative of the
Respondent’s unit employees in the following unit:
All regular full-time, regular part-time and casual (on-
call) employees in non-supervisory classifications and
any other classifications which may be established
within the scope of the duties now included within
those classifications. Excluded from the bargaining
unit on the basis of status are temporary employees,
guards and supervisors as defined by the NLRA.
Excluded from the bargaining unit on the basis of clas-
sification are registered nurses, licensed vocational
nurses, activities assistants, accounts receivable assis-
tants, admissions clerks, central supply clerks, data en-
try clerks, medical records clerks, receptionists, social
service assistants, and ward clerks.
(b) In any like or related manner interfering with, re-
straining, or coercing employees in the exercise of the
rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the purposes of the Act.
(a) Within 14 days after service by the Region, post at
its Fairfield, California facility copies of the attached
notice marked “Appendix.”3 Copies of the notice, on
forms provided by the Regional Director for Region 20,
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. In addition to physical posting of paper
notices, notices shall be distributed electronically, such
as by email, posting on an intranet or an internet site,
and/or other electronic means, if the Respondent custom-
arily communicates with its employees by such means.
Reasonable steps shall be taken by the Respondent to
ensure that the notices are not altered, defaced, or cov-
ered by any other material. In the event that, during the
pendency of these proceedings, the Respondent has gone
out of business or closed its facilities involved in these
proceedings, the Respondent shall duplicate and mail, at
its own expense, a copy of the notice to all current em-
ployees and former employees employed by the Re-
spondent at any time since June 7, 2017.

3 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.”
(b) Within 21 days after service by the Region, file
with the Regional Director for Region 20 a sworn certifi-
cation of a responsible official on a form provided by the
Region attesting to the steps that the Respondent has
taken to comply.
Dated, Washington, D.C. February 8, 2018
______________________________________
Marvin E. Kaplan, Chairman
______________________________________
Mark Gaston Pearce, Member
______________________________________
Lauren McFerran, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
APPENDIX
NOTICE TO EMPLOYEES
POSTED AND MAILED 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 Federal labor law and has ordered us to post and
obey this notice.
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join, or assist a union
Choose representatives to bargain with us on
your behalf
Act together with other employees for your bene-
fit and protection
Choose not to engage in any of these protected
activities.
WE WILL NOT refuse to bargain collectively with Ser-
vice Employees International Union, Local 2015 (the
Union) as the exclusive collective-bargaining representa-
tive of the unit employees by delaying in furnishing the
Union with requested information that is relevant and
necessary to the Union’s performance of its functions as
the collective-bargaining representative of our unit em-
ployees.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
listed above.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD4
SAGAR, INC. D/B/A LA MARIPOSA CARE AND
REHABILITATION CENTER
The Board’s decision can be found at
https://www.nlrb.gov/case/20-CA-203025 or by using the
QR code below. Alternatively, you can obtain a copy of the
decision from the Executive Secretary, National Labor Re-
lations Board, 1015 Half Street, S.E., Washington, D.C.
20570, or by calling (202) 273–1940.