Baptist Memorial Hospital

DECISIONS OF NATIONAL LABOR RELATIONS BOARD Baptist Memorial Hospital and American Federation of State, County and Municipal Employees, AFL- CIO. Cases 26-CA-5734, 26-CA-5781, and 26- CA 5875 May 30, 1979 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN FANNING AND MEMBERS PENIEI.I)O AND MURPHY On June 30, 1976, the National Labor Relations Board issued a Decision and Order in this proceed- ing.' The Board, in agreement with Administrative Law Judge Thomas A. Ricci, found that Respondent, by various conduct, including the unequal application of a dress code rule prohibiting uniformed employees from wearing medallions and identification other than "name plates, school pins, professional registra- tion insignia, and hospital service pins," violated Sec- tion 8(a)(1) of the Act.2 The Board also adopted the Administrative Law Judge's finding that, by placing reprimand notices in the personnel file of several em- ployees for wearing union buttons on its premises in contravention of the above-described rule, as discrim- inatorily applied, Respondent violated Section 8(a)(3) of the Act. The Board, however, specifically did not affirm or rely on the Administrative Law Judge's find- ing and conclusion that Respondent's rule on its face was unlawful, even though it did adopt his recom- mended Order, including paragraph I(b), which, in pertinent part, directs Respondent to cease and desist from "[m]aintaining and enforcing its rule prohibiting employees from wearing union buttons or insignia on the hospital premises....." Thereafter, on November 30, 1978, the United States Court of Appeals for the Sixth Circuit issued an order3 in which it granted enforcement of the Board's order, except that aspect "which appears wholly to invalidate a hospital rule against wearing union buttons," the "apparent breadth" of which the court found to be in conflict with Board authority as set forth in Evergreen Nursing Home and Rehabhilital- tion C(enter, Inc.4 The court remanded the "union but- ton issue . . . only for further consideration" under Evergreen Nursing Home, supra, and The Ohio 1la- sonic Home.5 Pu.suant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- thority in this proceeding to a three-member panel. m 225 NLRB 525. 2 Citing St. Joseph's Hospital, 255 NLRB 348 (1976). 'N.L.R.B. v. Baptist Memorial Hospital. 583 F.2d 906 (6th (ir. 19781 4 198 NLRB 775 (1972). 5205 NLRB 357 (1973), affd. 511 F.2d 527 (6th (ir. 1975}. The Board, having duly considered the issue out- standing in light of the order of the United States Court of Appeals for the Sixth Circuit remanding the proceeding, and the statements of position on remand of Respondent 6 and the General Counsel, has decided to revise paragraph (b) of its original Order to more closely conform to its limited finding that the hospital dress code rule was unequally applied and enforced. We shall, therefore, order Respondent to cease and desist from discriminating against employees in the exercise of their Section 7 rights by unequally apply- ing and enforcing its dress code.7 ORDER Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Rela- tions Board hereby modifies its Order herein, as set forth below, and orders that the Respondent, Baptist Medical Hospital, Memphis, Tennesse, its officers, agents, successors, and assigns, shall take the action set forth in said Order, as modified: I. Delete that portion of paragraph l(b) of our original Order herein beginning with "Maintaining" and ending with "premises," and substitute therefor the following: "Discriminating against any employee in the exer- cise of his or her protected rights by the unequal ap- plication or enforcement of its dress code," 2. Substitute the attached notice for that in our original Decision herein. I Respondent has requesled oral argument. This request is herehb denied as the record and he hriels adequately present the isues and the positions o the parties. ? St Jovph' i H-opiil/. ilupra at 349 APPENDIX NOI(rEi To EMsI.OEviIS PosrEI) BY ORDI)R ()1- Ill NA I O()NAI LABOR R:LA I()ONS BOARD An Agency of the United States Government WE WII.I. Nor place reprimand or disciplinary notices following counseling interviews in the personnel files of any of our employees for the purpose of intimidating them and coercing them with respect to their union activities. Wil \wVIl. Nor interrogate our employees con- cerning their union activities or as to how they intend to vote in union elections. WI: WL.I. NOI interrogate our employees con- cerning the union activities of other employees. WL: WlL . N(I invite our employees to bring their individual grievances to us for satisfaction instead of acting throtugh their Union. 242 NLRB No. 103 642 BAPTIST MEMORIAI. HOSPITAL WE Wii.L. NOT offer improvements in condi- tions of' employment to our employees for the purpose of inducing them to abandon their union activities. Wt WILl. NOI threaten to discharge employees if they persist in their prounion activities. WE. WIIi. NOT offer to assist employees to with- draw from their union activities or from their membership in union organizing committees. WE WILI, NOT spy or attempt to spy on the union activities of our employees. Wt WIl.l. NOT discriminate against any em- ployee in the exercise of his or her protected ac- tivities by unequally applying or enforcing our dress code. WtI WIi.. NOt in any like or related manner interfere with, restrain, or coerce our employees in the exercise of their rights to self-organization. to join or assist American Federation of State. County and Municipal Employees AFL-CIO. or an) other labor organization. and to engage in other concerted activities fbr the purpose of col- lective bargaining or other mutual aid or protec- tion, or to refrain from any and all such activi- ties. Wi! WlL remove from the personnel files of' the following employees certain disciplinary rep- rimand notice which we have placed there for the purpose of coercing them to abandon their union activities. Those employees are named as f'ollows: Rasher Maclin Phyllis Taylor Eddie May Pearson Gwendolyn Smith Patty Wilkins Francis Middleton BAPllSI MEtMORIA. HOSPI1AI. 643