San Juan Bautista Medical Center

National Labor Relations Board - Unpublished Board Decisions

May 17, 2010

24-CA-011096 (N.L.R.B. May. 17, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SAN JUAN BAUTISTA, INC. d/b/a
SAN JUAN BAUTISTA MEDICAL
CENTER
and Cases 24-CA-1 1096
24-CA-1 1119
24-CA-1 1243
HERMANDAD DE EMPLEADOS DE LA 24-CA-1 1416
SALUD Y OTRAS AGENCIAS 24-CA-1 1419
ORDER'
The Respondent's Motion for Partial Summary Judgment is denied. The
Respondent has failed to establish that there are no material issues of fact and that it is
entitled to partial summary judgment as a matter of law. Further, we decline to defer the
complaint allegation concerning annual bonuses to arbitration at this time, in light of the
fact that numerous complaint allegations, including several alleged unilateral changes
2by the Respondent, will be considered at a hearing.
Dated, Washington, D.C., May 17, 2010.
CRAIG BECKER, MEMBER
MARK GASTON PEARCE, MEMBER
MEMBER SCHAUMBER, dissenting.
Applying the principles set forth in Collyer Insulated Wire, 192 NLRB 837 (1971),
Member Schaumber views the dispute over the annual bonuses as arising from differing
The National Labor Relations Board has delegated its authority in this
roceeding to a three-member panel.
Accordingly, this denial is without prejudice to the Respondent renewing its
deferral argument before the administrative law judge in the event that the remaining
complaint allegations are resolved prior to the hearing.
interpretations of Article 26 of the parties' collective-bargaining agreement. In his view,
such a dispute is covered by the parties' contractual arbitration clause and thus he
would defer the dispute to arbitration.,
Dated, Washington, D.C., May 17, 2010.
PETER C. SCHALIMBER, MEMBER