VISIONQUEST NATIONAL LTD.Download PDFNational Labor Relations Board - Unpublished Board DecisionsMar 8, 201304-RC-089101 (N.L.R.B. Mar. 8, 2013) Copy Citation NOT INCLUDED IN PGB BOUND VOLUMES Philadelphia, PA UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD VISIONQUEST NATIONAL, LTD. Employer and Case 04-RC-089101 DISTRICT 1199C, NATIONAL UNION OF HOSPITAL AND HEALTH CARE EMPLOYEES, AFSCME, AFL-CIO Petitioner DECISION AND CERTIFICATION OF RESULTS OF ELECTION The National Labor Relations Board has considered determinative challenges in an election held October 15, 2012, 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 14 for and 14 against the Petitioner, with 8 challenged ballots. The Board has reviewed the record in light of the exceptions and briefs, has adopted the hearing officer’s findings and recommendations,1 and finds that a certification of results of election should be issued. CERTIFICATION OF RESULTS OF ELECTION 1 We agree with the hearing officer’s recommended finding that the terms of the Stipulated Election Agreement unambiguously exclude employees serving as Family Intervention Specialists (Lucinda Harmon, Julia Strickland, Joslyn Brooks, and Renee Toney), and as Safety Monitor (Troy Jones) from the bargaining unit. We therefore find it unnecessary to reach the hearing officer’s alternative community-of-interest findings. In the absence of exceptions, we adopt pro forma the hearing officer’s recommendation to sustain the challenges to the ballots of Ernest Connor, Jr. and Catherine Dertouzos. The Employer stipulated at the hearing that the Petitioner’s challenge to the remaining challenged ballot – Randy Sheagley – should be sustained. IT IS CERTIFIED that a majority of the valid ballots have not been cast for District 1199C, National Union of Hospital and Health Care Employees, and that it is not the exclusive representative of these bargaining-unit employees. Dated, Washington, D.C., March 8, 2013. ___________________________________ Mark Gaston Pearce, Chairman ___________________________________ Richard F. Griffin, Jr., Member ___________________________________ Sharon Block, Member (SEAL) NATIONAL LABOR RELATIONS BOARD Copy with citationCopy as parenthetical citation