Santa Rosa Memorial Hospital

National Labor Relations Board - Unpublished Board DecisionsDec 29, 2010

20-RC-018241 (N.L.R.B. Dec. 29, 2010)

NOTINCLUDED LPH IN BOUND VOLUMES Santa Rosa, CA UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD SANTA ROSA MEMORIAL HOSPITAL Employer and Case 20-RC-18241 NATIONAL UNION OF HEALTHCARE WORKERS Petitioner and SEIU-UHW, UNITED HEALTHCARE WORKERS-WEST Intervenor ORDER CORRECTING On December 29, 2010, the National Labor Relations Board, by a three-member panel issued a Decision and Certification of Representative in the above-entitled proceeding in which a footnote was inadvertently omitted. IT IS ORDERED that the attached Decision and Certification of Representative is substituted in lieu of the previously issued Decision and Certification of Representative. Dated, Washington, D.C., December 29, 2010 By direction of the Board: Roxanne L. Rothschild _ s soci/ate Exec - ive S tjary/urecretar NOTINCLUDED LPH IN BOUND VOLUMES Santa Rosa, CA UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD SANTA ROSA MEMORIAL HOSPITAL Employer and Case 20-RC-1 8241 NATIONAL UNION OF HEALTHCARE WORKERS Petitioner and SEIU-UHW, UNITED HEALTHCARE WORKERS-WEST Intervenor DECISION AND CERTIFICATION OF REPRESENTATIVE The National Labor Relations Board, by a three-member panel,' has considered objections to an election held on December 17 and 18, 2009, and the administrative law judge's decision recommending disposition of them. The election was conducted pursuant to a Stipulated Election Agreement. The tally of ballots shows 283 for the Petitioner, 13 for the Intervenor, and 263 against the Petitioner and Intervenor with 4 challenged ballots, an insufficient number to affect the results of the election. Member Becker is recused and did not participate in the consideration of this case. The Board has reviewed the record in light of the exceptions and briefs, has adopted the judge's findingS2 and recommendations, and finds that a certification of representative should be issued. CERTIFICATION OF REPRESENTATIVE IT IS CERTIFIED that a majority of the valid ballots have been cast for National Union of Healthcare Workers, and that it is the exclusive collective-bargaining representative of.the employees in the following appropriate un it:3 Including: All full-time and regular part-time employees employed by the Employer at its California facilities located at 1165 Montgomery Dr, Santa Rosa; 1287 Fulton Rd, Santa Rosa; 500 Doyle Park Dr, Santa Rosa; 525 Doyle Park Dr, Santa Rosa; and1450 Medical Center Dr, Rohnert Park in the following job classifications: Admissions Rep Coord inator- Medical Library Spec-Surgical Database Admn Coord I Coordinator -Medical Staff Svcs Tech 1, 11 and III Surgical Admn Coord 11 Coordinator-Pyxis Tech III-Radiology Admn-Materials Data Coordinator-Quality Assurance Tech II-Pharmacy Admn-PACS Coordinator-Resource Tech II-Radiology Asst-CT/Ultrasound Coordinator-Surgical Services Tech II-Sterile Processing Asst-Histology Coordinator-Transcription Tech 11-Urgent Care Asst-Imaging Coordinator-Utilization Mgmt Tech I-Pharmacy Asst-Imaging 11 Courier Tech I-Radiology Asst-Peer Review Diet Coordinator Tech I-Sterile Processing 2 The judge was sifting as a hearing officer in this representation proceeding. The Employer has implicitly excepted to some of the judge's credibility findings. The Board's established policy is not to overrule a hearing officer's credibility resolutions unless the clear preponderance of all the relevant evidence convinces us that they are incorrect. Stretch-Tex Co., 118 NLRB 1359, 1361 (1957). We have carefully examined the record and find no basis for reversing the findings. In adopting the judge's recommendations to overrule Objections 1 and 9, we do not rely on his finding that expert testimony by Dr. Jon A. Krosnick was inadmissible under Rule 702 of the Federal Rules of Evidence and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Assuming that Dr. Krosnick's testimony was admissible, for the reasons stated by the judge we do not find the evidence presented to be persuasive. We adopt the judge's recommendation to overrule Employer's Objection 9 for the reasons stated in his decision. We further find that, upon inspection of the ballot, including the font and formatting of the three options listed, all three were virtually indistinguishable from one another. A copy of the ballot is attached as Appendix A. 3 We have corrected the unit description to conform to that set forth in the Stipulated Election Agreement. 2 Asst-Performance Impvmt Env Services Rep Tech 1-Urgent Care A udito r- Registration Env Services Specialist Tech Patient Care Buyer-Pharmacy ER Patient Access Rep Tech Patient Handler Buyer-Purchasing Financial Counselor, Admitting Dept. Tech Telemetry Clerk-Health Info (Sr. Level) Inventory Database Controller Tech-Anesthesia Clerk I-Health Info Lead Resp. Care Practitioner Tech-Cardio Radiologic Clerk 11-Health Info Lead Secretary Tech-Cardio/Pulmonary Clerk 111-Health Info Lead Secretary Laboratory Tech-Cardiovascular Clerk-Cancer Registry Lead-Cook Tech-Central Supply Clerk-Data Entry Lead-Courier Tech-Cytology Clerk-Imaging Lead-Env. Services Rep. Tech-Echo Clerk-Receiving Distribution Lead-Nutrition Services Aide Tech-EKG Clinical Lab Asst I-CPT LVN I Tech-EKG/EEG Clinical Lab Asst 11-CPT LVN 11 Tech-Emergency Dept Clinical Lab Asst 111-CPT LVN III Tech-Endoscopy Clinical Lab Asst II-Outreach LVN IV Tech-Equipment Clinical Lab Asst III-Outreach Medical Interpreter T ech-Laparoscopic CNAI Care Partner I Nutrition Services Aide I Tech-Medical Laboratory CNAI Care Partner 1, 11, 111 Nutrition Services Aide 11 Tech-MRI CNAI Care Partner 11 Outpt Registrar/Clinical Assistant Tech-Nuclear Medicine CNAI Care Partner III Pathology Lab Assistant I Tech-OB Cook/Caterer Pathology Lab Assistant 11 Tech-Ortho Trauma Coordinator-Bio Medical PBX Operator I Tech-Pulmonary Coordinator Cancer Registry PBX Operator 11 Tech-Rehab Coordinator-CME Physical Therapy Assistant I Tech-Surg Service Patient Care C oordinator-Data base Physical Therapy Assistant 11 Tech-Surgical Services Equip Coordinator-Diet Registrar Trauma Tech-Ultrasound Coordinator-Engineering Rehab Coordinator I Transcriber Coo rdinator- Events & Dev. Asst Rehab Coordinator 11 Transcriber 11 Coordinator-Health Info. Mgt Resp Care Practitioner I Transporter I-Patient Coordinator Business 1, Resp Care Practitioner 11 Transporter Supply Orthopedics, Scheduler Transporter-Patient Obstetrics/Gynecology, Secretary Unit Sectry II/Care Partnr III Pharmacy Secretary-Operating Room Ward Clk/Unit Secretary I Coordinator Business 11 Secretary-Staffing Services Ward Clk/Unit Secretary 11 Coordinator-LLC Comm. Spec-Perinatal Ward Clk/Unit Secretary III Excluding: All Physicians, Registered Nurses, Professionals, Skilled Maintenance Employees, Business Office Clerical Employees, Guards and Supervisors as defined in the Act. Dated, Washington, D.C., December 29, 2010 Wilma B. Liebman, Chairman Mark Gaston Pearce, Member 3 Brian E. Hayes, Member (SEAL) NATIONAL LABOR RELATIONS BOARD 4 APPENDIX A UNITED STA I h5 Ur APn=K11%-#% ESTADOS UNIDOS DE AMERIC( F! NATIONAL LABOR RELATIONS BOX-J JUNTA NACIONAL DE RELACIONES DEL TRABAJO FORM N"8-7ff7NUf&Mfth and Spanish) (10-07) OFFICIAL SECRET BALLOT PAPELETA SECRETA OFICIAL For certain employees of Para ciertos empleados de SANTA ROSA MEMORIAL HOSPITAL This ballot is to determine the collectilve bargaining representative, if any, for the und in which you are employed. Esta papeleta es para determinar el representante, si alguno, para negociar colectivarnente en la unidad an que estb usted empleado. MARK AN 'X'IN THE SQUARE OF YOUR CHOICE MARQUE CON UNA "X" DENTRO DEL CUADRO DE SU SELECCION NATIONAL UNION OF SEIU - U1-1W, UNITED HEALTHCARE NEITHER HEALTHCARE WORKERS NINGUNA WORKERS-WEST (NUHW) DO NOT SIGN THIS BALLOT. Fold and drop In ballot box. If you spoil this ballot return It to the Board Agent for a now one. The National Labor Relations Board does not endorse any choice In this election. Any markings that you may see an any sample ballot have not been put there by the National Labor Relations Board. NO FIRME ESTA PAPELETA. Ddiblela y dep6sitela on la uma electoral. SI usted daha esta papeleta devu6lvala al Agents do [a Junta y pidale una nuova. La Junta Nacionall de Relaclones del Trabaja no respaida a ninguna do las opciones an esta oloccidin. Cuailquier mama quo usted pusda ver an cualquier muestra del la papelleta no fus hecha por la Junta Nacional do Rellaciones del Trabajo. k2- EXKSil- NU-----RECFJVED-/-j. EJECTEQ_ CASE NO. CASE NAM NO- OF PAGES REPOPTER