SSC MYSTIC OPERATING COMPANY, LLC d/b/a Pendleton Health & Rehabilitation Center

National Labor Relations Board - Board Decisions

Dec 3, 2013

01-RC-098982 (N.L.R.B. Dec. 3, 2013)

1
NOT INCLUDED IN PHJ
BOUND VOLUMES Mystic, CT
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SSC MYSTIC OPERATING COMPANY,
LLC, d/b/a PENDLETON HEALTH &
REHABILITATION CENTER
Employer
and Case 01-RC-098982
NEW ENGLAND HEALTH CARE EMPLOYEES
UNION, DISTRICT 1199, SEIU
Petitioner
DECISION AND CERTIFICATION OF REPRESENTATIVE
The National Labor Relations Board, by a three-member
panel, has considered objections to an election held on April 4,
2013, and the hearing officer’s report recommending disposition
of them. The election was conducted pursuant to a Stipulated
Election Agreement. The tally of ballots shows 64 for and 40
against the Petitioner, with no challenged ballots.
The Board has reviewed the record in light of the
exceptions and brief,1 has adopted the hearing officer’s

1 In the absence of exceptions, we adopt pro forma the hearing
officer’s recommendation to overrule Objection 4.
2
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 New England Health Care Employees Union, District
1199, SEIU, and that it is the exclusive collective-bargaining
representative of the employees in the following appropriate
unit:
All full-time and regular part-time employees working in
the following classifications at the Employer's Mystic, CT
facility: Licensed Practical Nurse, Resident Care
Specialist, Resident Care Advisor, Food Service Aide, Cook,
Maintenance Technician, Rehab Aid, Activities Assistant,
Central Supply Coordinator, Unit Assistant and Health
Information/Medical Records Clerk; but excluding all other
employees, Housekeeping and Laundry employees, Occupational
Therapist, Occupational Therapy Assistant, Speech

2 The Employer has explicitly excepted to some of the hearing
officer’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.
No party has excepted to the hearing officer’s finding that
Diane Mackin, in her capacity as unit manager, was a statutory
supervisor. In addition, no party has excepted to the hearing
officer’s findings regarding the nature and extent of Mackin’s
prounion conduct, or the hearing officer’s conclusion that
Mackin’s conduct would have been coercive absent mitigating
circumstances.
In adopting the hearing officer’s finding that Mackin’s
prounion conduct was effectively mitigated, we note that the
Employer here engaged in an extensive antiunion campaign that
included a string of mandatory meetings during the critical
period, the dissemination of antiunion literature via mailings,
handouts, and postings, and the distribution of antiunion
bracelets.
3
Therapist, Registered Nurses, Physical Therapist, Physical
Therapist Assistant, Unit Coordinators, Registered
Dieticians, Social Workers, MDS Coordinators, Business
Office employees, Admissions employees, Scheduler,
Receptionists, Department Managers, and other professional
employees, guards, and supervisors as defined in the Act.
Dated, Washington, D.C., December 3, 2013
______________________________
Mark Gaston Pearce, Chairman
______________________________
Kent Y. Hirozawa, Member
______________________________
Harry I. Johnson, III, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD