St. Joseph's Hospital and Medical Center

National Labor Relations Board - Board Decisions

Jul 27, 1982

262 N.L.R.B. 1385 (N.L.R.B. 1982)

ST. JOSEPH'S HOSPITAL AND MEDICAL AND CENTER
St. Joseph's Hospital and Medical Center and Asso-
ciation of Concerned Nurses, Petitioner. Case
22-RC-8636
July 27, 1982
DECISION AND DIRECTION OF
SECOND ELECTION
BY CHAIRMAN VAN DE WATER AND
MEMBERS FANNING AND ZIMMERMAN
Pursuant to authority granted it by the National
Labor Relations Board under Section 3(b) of the
National Labor Relatioas Act, as amended, a three-
member panel has considered the objections to an
election held on December 10, 1981,1 and the Re-
gional Director's report recommending disposition
of same. The Board has reviewed the record in
light of the exceptions and briefs, and hereby
adopts the Regional Director's findings and recom-
mendations. 2
The election was conducted pursuant to a Stipulation for Certifica-
tion Upon Consent Election. The tally was 141 for, and 218 against, the
Petitioner; there were 9 challenged ballots, an insufficient number to
affect the results.
2 In the absence of exceptions, we adopt proforma the Regional Direc-
tor's recommendations with respect to Objections 3, 4(b), and 5.
In accepting the Regional Director's recommen-
dation that the election be set aside on the basis of
the Employer's maintenance of an overly broad no-
distribution/no-solicitation rule during the critical
period, we do so because the rule, as set out in the
employee handbook and as set out in the Employ-
er's policy manual, 3 was unlawfully broad in that it
required management authorization for any activity
on Hospital premises.4 We consider it unnecessary
to determine whether the rule was unlawful by
reason of other limitations on distribution and so-
licitation. 5
[Direction of Second Election and Exclesior foot-
note omitted from publication.]
I The rule in the handbook prohibited "Unauthorized distribution of
written or printed material on Hospital premises." The policy manual
provided that "Solicitation is generally discouraged but may be conduct-
ed on Hospital premises only with the prior express wnrtten approval of
the Executive Director."
4 See Interpace Corporation. Lock Joint Products Division. 238 NLRB
560 (1978); L O. F. Glass Inc., 216 NLRB 845 (1975).
5 Therefore, we do not pass upon the Employer's arguments with re-
spect to the rule's validity under either Essex International, Inc., 211
NLRB 749 (1974), or T.R. W. Beanngs Division. a Division of T.R. W.. Inc.,
257 NLRB 442 (1981).
262 NLRB No. 176
1385