Sassaquin Nursing

National Labor Relations Board - Board Decisions

Sep 21, 1998

326 N.L.R.B. 1056 (N.L.R.B. 1998)

DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 1056
Sassaquin Nursing & Rehabilitation Center, Inc.
d/b/a Mariner Health Care Center and Hospital
Workers’ Union, Local 767, Service Employees’
International Union, AFL–CIO. Case 1–CA–
35821
September 21, 1998
SUPPLEMENTAL DECISION AND ORDER
BY MEMBERS FOX, HURTGEN, AND BRAME
On July 31, 1998, the National Labor Relations Board
issued a Decision and Order in this proceeding.1 The
Board granted the General Counsel’s unopposed Motion
for Partial Summary Judgment. The Board found that
the no-access rules that the Respondent maintained in its
employee handbook were overbroad and therefore pre-
sumptively in violation of Section 8(a)(1). The Board
further found that the Respondent had not rebutted that
presumption in its answer to the complaint or otherwise.
Accordingly, the Board found that the Respondent vio-
lated Section 8(a)(1) of the Act.

1 326 NLRB No. 2.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
In its motion for reconsideration, the Respondent con-
tends that, absent evidence of distribution or enforcement
of its no-access restrictions, the maintenance of its access
restrictions is at most de minimis and therefore insuffi-
cient interference, restraint, or coercion on which to base
a violation of Section 8(a)(1). In its decision, the Board
considered and rejected the contention that maintenance
of the rules was de minimis.2 The contention that there
was no evidence of distribution or enforcement of the
rule could have been raised in the underlying proceeding,
and it is thus untimely. Accordingly, we find no merit in
the Respondent’s contentions.
ORDER
Having duly considered the matter, it is ordered that
the Respondent’s Motion for Reconsideration is denied
as lacking in merit.
2 Id., slip op. at 1.

326 NLRB No. 92