Sutter Roseville Medical Center

National Labor Relations Board - Unpublished Board Decisions

Feb 24, 2010

20-RD-002475 (N.L.R.B. Feb. 24, 2010)

NOTINCLUDED LS
IN BOUND VOLUMES Roseville, CA
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SUTTER HEALTH SACRAMENTO SIERRA REGION
d/b/a SUTTER ROSEVILLE MEDICAL CENTER
Employer
and Case 20-RD-2475
KRIS MURPHREE
Petitioner
and
SEIU UNITED HEALTHCARE WORKERS-WEST
Union
DECISION AND DIRECTION OF SECOND ELECTION
The National Labor Relations Board' has considered objections to an election held
on August 26 and 27, 2009, and the hearing officer's report recommending disposition of
them. The election was conducted pursuant to a Stipulated Election Agreement. The tally
1 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
terms 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 decisions 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 (10th 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).
of ballots shows 327 for and 225 against the Union, with seven challenged ballots, an
insufficient number to affect the results.
The Board has reviewed the record in light of the exceptions and brief, has adopted
the hearing officer's findings 2 and recommendations, and finds that the election must be
set aside and a new election held.
DIRECTION OF SECOND ELECTION
A second election by secret ballot shall be held among the employees in the unit
found appropriate, whenever the Regional Director deems appropriate. The Regional
Director shall direct and supervise the election, subject to the Board's Rules and
Regulations. Eligible to vote are those employed during the payroll period ending
immediately before the date of the Notice of Second Election, including employees who
did not work during that period because they were ill, on vacation, or temporarily laid off.
Also eligible are employees engaged in an economic strike that began less than 12 months
before the date of the first election and who retained their employee status during the
eligibility period and their replacements. Jeld- Wen of Everett, Inc., 285 NLRB 118 (1987).
Those in the military services may vote if they appear in person at the polls. Ineligible to
vote are employees who have quit or been discharged for cause since the payroll period,
2 The Union has 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 find no basis for reversing the
findings.
In adopting the hearing officer's recommendation that Petitioner's Objection 1 be
sustained, we rely only on the electioneering conduct of admitted union agent Galen Smith.
We need not pass on whether electioneering conduct by union steward Melissa Jones,
whose agency status is disputed by Petitioner's exceptions, was also objectionable.
In the absence of exceptions, we adopt pro forma the hearing officer's recommendations
that Petitioner Objections Nos. 2 and 3 be overruled.
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striking employees who have been discharged for cause since the strike began and who
have not been rehired or reinstated before the election date, and employees engaged in an
economic strike that began more than 12 months before the election date and who have
been permanently replaced. Those eligible shall vote whether they desire to be represented
for collective bargaining by SERJ United Healthcare Workers - West.
To ensure that all eligible voters have the opportunity to be informed of the issues
in the exercise of their statutory right to vote, all parties to the election should have access
to a list of voters and their addresses that may be used to communicate with them.
Excelsior Underwear, 156 NLRB 1236 (1966); NLRB v. Wyman-Gordon Co., 394 U.S.
759 (1969). Accordingly, it is directed that an eligibility list containing the full names and
addresses of all the eligible voters must be filed by the Employer with the Regional
Director within 7 days from the date of the Notice of Second Election. North Macon
Health Care Facility, 315 NLRB 359 (1994). The Regional Director shall make the list
available to all parties to the election. No extension of time to file the list shall be granted
by the Regional Director except in extraordinary circumstances. Failure to comply with
this requirement shall be grounds for setting aside the election whenever proper objections
are filed.
Dated, Washington, D.C. , February 24, 2010.
Wilma B. Liebman, Chairman
Peter C. Schaumber, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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