The Nyack Hospital

THE NYACK HOSPITAL 345 The Nyack Hospital and Local 200, Service Employ- ees International Union, AFL-CIO and Local 363, International Brotherhood of Electrical Workers, AFL-CIO, Joint Petitioners and Local 200, Service Employees International Union, AFL-CIO, Petitioner. Cases 2-RC- 17762, 2-RC-17774, and 2-RC-17775 March 12, 1980 DECISION AND DIRECTION OF THIRD ELECTIONS BY CHAIRMAN FANNING AND MEMBERS JENKINS AND TRUESDALE Pursuant to authority granted it by the National Labor Relations Board under Section 3(b) of the National Labor Relations Act, as amended, a three- member panel has considered the challenges and the objections to second elections held November 17, 1978,1 and the Hearing Officer's report recom- I The elections were conducted pursuant t a Stipulation for Certifica- tion Upon Consent Election IIl Case 2RC 17762 the tally, as revised, shoss 13 for the Joint Petitiioners, 2t for District 1199, National Union of Hospital and Health Care Employees. RWDSU AFL CIO. the Inter- senor therein. 138 against participating labor orgattizations, and 5 old ballots there 'sere 2 challenged ballots, a sufficilent number to affect the results of the electionl In Case 2 RC- 17774, the tally x. as for Petitiotn- er. 117 for Guild of Professiotnal, Technical and Office Emplosees a Di- ,ision of Dlstrict 11 99, National Union of Hospital and Health Care Em- ployees. RWDSUl AFL CIO. the Intersenor therein and il Case 2-RC 17775. and 115 against participating labor organizations there x as I chal- lenged ballot an insufficient number to affect the results of the election In Case 2-RC 17775, the talls sas 12 for Petitioner. 76 for the Inter- senor. and 85 against participating labor orgatnizations: there sere 5 chal- lenged ballots a sufficient niumiber t affect the results of the clection 248 NLRB No. 43 viewed the record in light of the exceptions and brief, and hereby adopts, as amended, the Hearing Officer's findings and recommendations. 2 [Direction of Third Elections and Excelsior foot- note omitted from Publication.] 2 U'ith respect to the objections, we note that the Emplo.er's excep- tion to the Hearing Officer's treatment of Objection 4 runs onl% to the Hearing Officer's recommendation that the elections he set aside and new elections directed. and lnot to the Hearing Officer's resolution of Objec- tion 4 on its merits Absent such an eception b the Emplo'er or any other part) we adopt. pro jlirnmu. the Hearing Officer's recommendation to sustain Objectlon 4 In the absence f exceptions ve adopt pro Jbrmn the earing Officer's recommenidation to sustain Objection I, and to overrule Objection 3 Also in the absence of exceptionrs e adopt. pro fbOrmt, the Hearing Officer's recommendations related to the fise ques- tionable ballots i Case 2 RC 17774. hich were put issue Ohjec- tion 2 With respect to the challenges, in the absence of exceptions we adopt. pro /ormairr the Hearing Officer's recommendalionl as follows: It Case 2 RC 17762, to oerrule the challege to Adrienne Herman's ballot and to sustain the challenge to Mark Sorefman's ballot (We note that in that portion of his report herein he summarized "Recommendations" the Hearing Officer inadvertentl recommenlded that the challenges to Soref- man's ballot be erruled We herebh crrect this error ) in Case 2-RC 17774. nol t resolve the challenge to Janice Flynn's ballot because it as not determinatise. ill Case 2RC 17775. to oxerrule the challenges to the ballo s of Rogelii Almiro l. Mario Raso. and Patricia Vitale, and to sus- tain the challenge to the ballot of Patricia Belltz As the challenged ballorts are insufficient in any unit to render the results therein conclusise. xe hereby direct that none of the challenged hallots shall he opened and counted We also agree ith the Hearing Officer that here there are three choices on the ballot an election in \s:hich none of the choices receixes a majorit of the alid otles cast is inconclusie See Natrinal abor Rela- tions Board Casehandling Manual (Part T o) Represenltation Proceed- ilgs. Sec. 1 1350 1 THE NYACK HOSPITAL 345