Glenside Nursing Home

328 NLRB No. 19 1 NOTICE: This opinion is subject to formal revision before publication in the bound volumes of NLRB decisions. Readers are requested to notify the Executive Secretary, National Labor Relations Board, Washington, D.C. 20570, of any typographical or other formal errors so that cor- rections can be included in the bound volumes. Glenside Nursing Home and District 1199J, National Union of Hospital and Health Care Employees, AFSCME, AFL–CIO. Case 22–CA–23154 April 29, 1999 DECISION AND ORDER BY MEMBERS FOX, LIEBMAN, AND HURTGEN Pursuant to a charge and an amended charge filed on February 9 and March 3, 1999, respectively, the General Counsel of the National Labor Relations Board issued a complaint on March 5, 1999, alleging that the Respon- dent has violated Section 8(a)(5) and (1) of the National Labor Relations Act by refusing the Union’s request to bargain and to furnish information following the Union’s certification in Case 22–RC–11537. (Official notice is taken of the “record” in the representation proceeding as defined in the Board’s Rules and Regulations, Secs. 102.68 and 102.69(g); Frontier Hotel, 265 NLRB 343 (1982).) The Respondent filed an answer admitting in part and denying in part the allegations in the complaint and asserting defenses. On March 26, 1999, the General Counsel filed a Mo- tion for Summary Judgment. On March 30, 1999, the Board issued an order transferring the proceeding to the Board and a Notice to Show Cause why the motion should not be granted. The Respondent filed a response and the Charging Party has joined in the General Coun- sel’s motion.1 The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. Ruling on Motion for Summary Judgment In its answer and response, the Respondent admits its refusal to bargain and to furnish requested information, but attacks the validity of the certification on the basis of its objections to the election in the representation pro- ceeding. All representation issues raised by the Respondent were or could have been litigated in the prior representa- tion proceeding. The Respondent does not offer to ad- duce at a hearing any newly discovered and previously unavailable evidence, nor does it allege any special cir- cumstances that would require the Board to reexamine the decision made in the representation proceeding. We therefore find that the Respondent has not raised any 1 To the extent that the Respondent seeks a hearing on allegations contained in the charge and amended charge but not in the instant com- plaint, its contention is without merit. The unfair labor practice com- plaint, not the charge or amended charge, determines the issues to be resolved in this proceeding, and the complaint here is limited to allega- tions that the Respondent refused to bargain and to supply requested information. representation issue that is properly litigable in this un- fair labor practice proceeding. See Pittsburgh Plate Glass Co. v. NLRB, 313 U.S. 146, 162 (1941). Accord- ingly, we grant the Motion for Summary Judgment. We also find that there are no issues warranting a hearing with respect to the Union’s request for informa- tion. The Respondent admits that by letter dated January 14, 1999, the Union requested that the Respondent fur- nish it with the following information: 1. The complete name, address, social security number and date of hire for all bargaining unit members. 2. Weekly wage rates, including shift differentials, and salary levels for all bargaining unit members by de- partment and by job classification (please provide this information broken down by day, evening and night shifts, omitting all codes). 3. Up-to-date seniority list for all bargaining unit mem- bers. 4. Current job descriptions for all classifications repre- sented by the Union. 5. Descriptions of all job evaluation procedures pres- ently in use. 6. Listing and comprehensive description of all health care coverage, life or disability insurance, pension or any other benefit provided to employees. Please include a copy of all plans, (where appropriate) and the cost to the employer as well as the employee for each benefit. The Respondent’s answer admits that it refused to fur- nish this information and, by reason of its denial that the Union is the valid exclusive collective-bargaining repre- sentative, denies that the information requested is rele- vant and necessary for the Union’s role as the exclusive bargaining representative of the unit employees. How- ever, it is well established, that with the exception of the employees’ social security numbers requested above,2 the requested information is presumptively relevant and must be furnished on request. See Trustees of Masonic Hall, 261 NLRB 436 (1982), and Mobay Chemical Corp., 233 NLRB 109 (1977). The Respondent has not attempted to rebut the relevance of the information requested by the Union. Accordingly, we grant the Motion for Summary Judg- ment and will order the Respondent to bargain and to furnish the requested information with the exception of employee social security numbers. On the entire record, the Board makes the following 2 See Sea-Jet Trucking Corp., 304 NLRB 67 (1991). Accordingly, the employee social security numbers allegation is remanded to the Regional Director for further appropriate action. DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 2 FINDINGS OF FACT I. JURISDICTION At all material times the Respondent, an Ohio corpo- ration with an office and place of business in New Provi- dence, New Jersey, has been engaged in the provision of nursing home services. During the 12-month period pre- ceding the issuance of the complaint, the Respondent, in conducting its business operations described above, de- rived gross revenue in excess of $250,000 and purchased and received goods and materials in excess of $50,000 directly from suppliers located outside the State of New Jersey. We find that the Respondent is an employer engaged in commerce within the meaning of Section 2(6) and (7) of the Act and that the Union is a labor organization within the meaning of Section 2(5) of the Act. II. ALLEGED UNFAIR LABOR PRACTICES A. The Certification Following the election held April 30, 1998, the Union was certified on December 28, 1998, as the exclusive collective-bargaining representative of the employees in the following appropriate unit: All full-time and regular part-time CNA’s, activity aides, central supply clerks, cooks, dietary aides, housekeeping employees, laundry aides, maintenance assistants and receptionists employed by the Employer at its New Providence, New Jersey facility, but ex- cluding all office clerical employees, professional em- ployees, confidential employees, RNs, LPNs, manag- ers, guards and supervisors as defined in the Act. The Union continues to be the exclusive representative un- der Section 9(a) of the Act. B. Refusal to Bargain Since January 14, 1999, the Union has requested the Respondent, in writing, to bargain and to furnish infor- mation and, since January 28, 1999, the Respondent has refused. We find that this refusal constitutes an unlawful refusal to bargain in violation of Section 8(a)(5) and (1) of the Act. CONCLUSION OF LAW By refusing on and after January 28, 1999, to bargain with the Union as the exclusive collective-bargaining representative of employees in the appropriate unit and to furnish the Union requested information, the Respondent has engaged in unfair labor practices affecting commerce within the meaning of Section 8(a)(5) and (1) and Sec- tion 2(6) and (7) of the Act. REMEDY Having found that the Respondent has violated Section 8(a)(5) and (1) of the Act, we shall order it to cease and desist, to bargain on request with the Union, and, if an understanding is reached, to embody the understanding in a signed agreement. We also shall order the Respon- dent to furnish the Union the information requested. To ensure that the employees are accorded the services of their selected bargaining agent for the period provided by the law, we shall construe the initial period of the cer- tification as beginning the date the Respondent begins to bargain in good faith with the Union. Mar-Jac Poultry Co., 136 NLRB 785 (1962); Lamar Hotel, 140 NLRB 226, 229 (1962), enfd. 328 F.2d 600 (5th Cir. 1964), cert. denied 379 U.S. 817 (1964); Burnett Construction Co., 149 NLRB 1419, 1421 (1964), enfd. 350 F.2d 57 (10th Cir. 1965). ORDER The National Labor Relations Board orders that the Respondent, Glenside Nursing Home, New Providence, New Jersey, its officers, agents, successors, and assigns, shall 1. Cease and desist from (a) Refusing to bargain with District 1199J, National Union of Hospital and Health Care Employees, AFSCME, AFL–CIO, as the exclusive bargaining repre- sentative of the employees in the bargaining unit, and refusing to furnish the Union information that is relevant and necessary to its role as the exclusive bargaining rep- resentative of the unit employees. (b) In any like or related manner interfering with, re- straining, or coercing employees in the exercise of the rights guaranteed them by Section 7 of the Act. 2. Take the following affirmative action necessary to effectuate the policies of the Act. (a) On request, bargain with the Union as the exclu- sive representative of the employees in the following appropriate unit on terms and conditions of employment and, if an understanding is reached, embody the under- standing in a signed agreement: All full-time and regular part-time CNA’s, activity aides, central supply clerks, cooks, dietary aides, housekeeping employees, laundry aides, maintenance assistants and receptionists employed by the Employer at its New Providence, New Jersey facility, but ex- cluding all office clerical employees, professional em- ployees, confidential employees, RNs, LPNs, manag- ers, guards and supervisors as defined in the Act. (b) Furnish the Union the information it requested on January 14, 1999. (c) Within 14 days after service by the Region, post at its facility in New Providence, New Jersey, copies of the attached notice marked “Appendix.”3 Copies of the no- tice, on forms provided by the Regional Director for Re- 3 If this Order is enforced by a judgment of the United States court of appeals, the words in the notice reading “Posted by Order of the National Labor Relations Board” shall read “Posted Pursuant to a Judgment of the United” GLENSIDE NURSING HOME 3 gion 22 after being signed by the Respondent’s author- ized representative, shall be posted by the Respondent and maintained for 60 consecutive days in conspicuous places including all places where notices to employees are customarily posted. Reasonable steps shall be taken by the Respondent to ensure that the notices are not al- tered, defaced, or covered by any other material. In the event that, during the pendency of these proceedings, the Respondent has gone out of business or closed the facil- ity involved in these proceedings, the Respondent shall duplicate and mail, at its own expense, a copy of the no- tice to all current employees and former employees em- ployed by the Respondent at any time since January 28, 1999. (d) Within 21 days after service by the Region, file with the Regional Director a sworn certification of a re- sponsible official on a form provided by the Region at- testing to the steps that the Respondent has taken to comply. Dated, Washington, D.C. April 29, 1999 Sarah M. Fox, Member Wilma B. Liebman, Member Peter J. Hurtgen, Member (SEAL) NATIONAL LABOR RELATIONS BOARD APPENDIX NOTICE TO EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government The National Labor Relations Board has found that we violated the National Labor Relations Act and has or- dered us to post and abide by this notice. WE WILL NOT refuse to bargain with District 1199J, National Union of Hospital and Health Care Employees, AFSCME, AFL–CIO, as the exclusive representative of the employees in the bargaining unit, and WE WILL NOT refuse to furnish the Union information that is relevant and necessary to its role as the exclusive bargaining rep- resentative of the unit employees. WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the exercise of the rights guaranteed you by Section 7 of the Act. WE WILL, on request, bargain with the Union and put in writing and sign any agreement reached on terms and conditions of employment for our employees in the bar- gaining unit: All full-time and regular part-time CNA’s, activity aides, central supply clerks, cooks, dietary aides, housekeeping employees, laundry aides, maintenance assistants and receptionists employed by us at our New Providence, New Jersey facility, but excluding all of- fice clerical employees, professional employees, confi- dential employees, RNs, LPNs, managers, guards and supervisors as defined in the Act. WE WILL furnish the Union the information it requested on January 14, 1999. GLENSIDE NURSING HOME