Sierra Vista Hospital, Inc.

SIERRA VISTA HOSPITAL, INC. Sierra Vista Hospital, Inc. and California Nurses' Association, affiliated with the American Nurses' Association. Case 31-CA-5750 May 19, 1980 NOTICE TO SHOW CAUSE On September 12, 1975, the California Nurses' Association, herein CNA, was certified in Case 31- RC-3166 as the exclusive bargaining representative of employees in a unit of registered nurses at Sierra Vista Hospital, Inc., herein the Hospital. The Hospital refused to bargain with CNA, and the latter consequently filed a charge in this proceeding, upon which the Regional Director for Region 31 issued a complaint alleging that the Hospital had violated Section 8(a)(5) and (1) of the National Labor Relations Act, as amended, by its refusal to bargain. Thereafter, in the instant case the General Counsel filed a Motion for Summary Judgment, which was granted by the Board on April 22, 1977.¹ Subsequently, the Board decided to reconsider the issues raised in Case 31-RC-3166 and this case and thus, inter alia, rescinded its earlier grant of the General Counsel's Motion for Summary Judgment.2 After reconsideration, the Board remanded the case to the Regional Director for the purpose of receiving evidence to resolve issues raised by the Hospital's Motion To Revoke Certification in Case 31-RC-3166; namely, whether or not the presence of supervisors as officers in, on the board of directors of, or in other positions of authority to speak for or bargain on behalf of CNA disqualifies that association as the collective-bargaining representative of the Hospital's nonsupervisory nurses. Thereafter, a hearing was held at which time the Hospital was afforded an opportunity to present evidence on the conflict-of-interest issue but declined to do so. Accordingly, in a Second Supplemental Decision and Order³ in Case 31-RC-3166, also issued today, the Board denied the Hospital's Motion To Revoke Certification. The General Counsel's Motion for Summary Judgment in this proceeding is still pending. The Board having duly considered the matter, IT IS HEREBY ORDERED that inasmuch as the Hospital has failed to produce any evidence on the conflict-of-interest issue, which issue was the only basis for the Board's rescission herein of its Decision and Order granting the General Counsel's Motion for Summary Judgment, cause be shown why the Board should not now issue a Second Supplemental Decision and Order granting the General Counsel's Motion for Summary Judgment.4 3 249 NLRB No. 66. 4 Member Truesdale notes that he dissented from his colleagues' decision to reconsider issues raised in Case 31-RC-3166, to rescind the earlier Decision and Order granting the General Counsel's Motion for Summary Judgment, and to remand the case to the Regional Director for further proceedings in connection with the representation case. See Sierra Vista Hospital, Inc., 241 NLRB 636 and thereafter. Since he would not have rescinded the decision granting summary judgment, 229 NLRB 232 (1977), Member Truesdale would now reinstate that Decision and Order without further delay. 1 229 NLRB 232. 2 241 NLRB 636. 249 NLRB No. 67