St. Vincent Healthcare

National Labor Relations Board - Unpublished Board Decisions

Feb 17, 2010

27-RC-008577 (N.L.R.B. Feb. 17, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ST. VINCENT HEALTHCARE
Employer
and Case 27-RC-8577
MONTANA NURSES ASSOCIATION,
NATIONAL FEDERATION OF NURSES,
AFL-CIO
Petitioner
ORDER
The Employer's Request for Review of the Regional Director's Decision and
Direction of Election is denied as it raises no substantial issues warranting review. I
WILMA B. LIEBMAN, CHAIRMAN
PETER C. SCHAUMBER, MEMBER
Dated, Washington, D.C., February 17, 2010
'Effective midnight December 28, 2007, Members Liebman, Schaumber, Kirsanow, and Walsh delegated
to Members Liebman, Schaumber, and Kirsanow, as a three-member group, all of the Board's powers in
anticipation of the expiration of the ternis of Members Kirsanow and Walsh on December 31, 2007.
Pursuant to this delegation, Chairman Liebman and Member Schaumber constitute a quorum of the three-
member group. As a quorum, they have the authority to issue d.ecisions and orders in unfair labor practice
and representation cases. See Sec. 3(b) of the Act. See Teamsters Local 523 v. NLRB, 590 F.3d 849 (1 Oth
Cir. 2009); Narricot Industries, L.P. v. NLRB, 587 F.3d 654 (4th Cir. 2009); Snell Island SNF LLC v.
NLRB, 568 F.3d 410 (2d Cir. 2009), petition for cert. filed 78 U.S.L.W. 3130 (U.S. Sept. 11, 2009) (No. 09-
328); New Process Steel v. NLRB, 564 F.3d 840 (7th Cir. 2009), cert. granted 130 S.Ct. 488 (2009);
Northeastern Land Services v. NLRB, 560 F.3d 36 (1 st Cir. 2009), petition for cert. filed 78 U.S.L.W. 3098
(U.S. Aug. 18, 2009) (No. 09-213). But see Laurel Baye Healthcare of Lake Lanier, Inc. v. NLRB, 564
F.3d 469 (D.C. Cir. 2009), petition for cert. filed 78 U.S.L.W. 3185 (U.S. Sept. 29, 2009) (No. 09-377).
Member Schaumber does not rely on the Regional Director's decision to the extent he finds that
the Yellowstone Building is not part of the acute care hospital solely because it has a different address. He
concurs with the Regional Director's conclusion that the Yellowstone Building is not part f the acute care
hospital because while there is a skyway connecting the two facilities, the employer has not shown that the
acute care hospital and the Yellowstone Building are so operationally integrated as to constitute a single
facility.