Veritas Health Services, Inc. d/b/a Chino Valley Medical Center

National Labor Relations Board - Board Decisions

Apr 30, 2013

31-CA-091701 (N.L.R.B. Apr. 30, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
VERITAS HEALTH CARE SERVICES, INC. d/b/a
CHINO VALLEY MEDICAL CENTER
and Case 31-CA-091701
UNITED NURSES ASSOCIATION OF CALIFORNIA/
UNION OF HEALTHCARE PROFESSIONALS,
NUHHCE, AFSCME, AFL-CIO
ORDER DENYING MOTION
The Respondent’s Motion to Dismiss Complaint is denied. The Respondent
has failed to establish that it is entitled to judgment as a matter of law.1
Dated, Washington, D.C., April 30, 2013.
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER

1 The Respondent contends that the Board lacks a quorum because the President’s
recess appointments are constitutionally invalid, that the Board’s appointment of the
Regional Director for Region 31 is also invalid because the Board lacked a quorum at
the time of the appointment, and that therefore the complaint in this proceeding is void
ab initio. In addition, the Respondent appears to argue that the Acting General Counsel
lacks the power to investigate and prosecute charges of unfair labor practices in the
absence of a Board quorum. For the reasons stated in Bloomingdale’s Inc., 359 NLRB
No. 113 (2013), these arguments are rejected