334 NLRB 713
Beverly California Corp.
BEVERLY CALIFORNIA CORP.
713
Beverly California Corporation f/k/a Beverly Enter-
prises, its Operating Divisions, Regions, Wholly-
Owned Subsidiaries and Individual Facilities
and each of them and Service Employees Inter-
national Union, Local 606, AFL–CIO, et al.
Cases 6–CA–20188–46 et al. and 6–CA–24221 et
al.
July 23, 2001
DECISION ON REMAND AND ORDER
BY CHAIRMAN HURTGEN AND MEMBERS
LIEBMAN, TRUESDALE, AND WALSH
On August 21, 1998, the National Labor Relations
Board issued decisions in Beverly II and III1 finding that
the Respondent had committed over 100 violations of
Section 8(a)(1), (3), and (5) of the National Labor Rela-
tions Act at 25 nursing homes. In Beverly II, the Board
issued a series of facility specific remedial orders. In
Beverly III, the Board issued a corporatewide order
against Beverly, which consisted of a broad cease-and-
desist order applicable to all of the Respondent’s nursing
home facilities throughout the United States, certain af-
firmative relief, and a requirement to post a remedial
notice at all of its facilities. The Board found that corpo-
ratewide relief was justified based on Beverly’s “demon-
strated proclivity to violate the Act,” and the fact that
“the violations could not reasonably be viewed as iso-
lated occurrences with no connection to central manage-
ment.” 326 NLRB 232, 233 (1998).
On September 13, 2000, the United States Court of
Appeals for the Seventh Circuit enforced most of the
Board’s findings and sustained the Board’s determination
to issue a corporatewide remedial order in Beverly III.2
The court found that “the Board was entitled to conclude
that nothing less than a corporatewide order would do the
job of correcting the proclivity this company has shown
for committing or tolerating unfair labor practices at a
significant number of its facilities.” 227 F.3d at 847.
The court found, however, that “the specific order [the
Board] entered . . . is problematic,” and remanded the
cases to the Board for further proceedings. Id. It ex-
plained:
We are concerned that much of [the Board’s order in
Beverly III] is nothing more than a laundry list of the
particular violations committed at individual facilities.
There is no reason, for example, for the corporatewide
order to devote two paragraphs to [employee] Julie
Schriner’s situation (and she is in the order by name).
We do not consider it appropriate to go through the or-
der in the first instance and decide which parts are
properly directed to the corporation as a whole and
which to particular facilities. We leave this task to the
Board on remand.
1 Reported at 326 NLRB 153; 326 NLRB 232, respectively.
2 227 F.3d 817, 846 (7th Cir. 2000).
Id. The court reiterated that, “[g]iven Beverly’s recidivism
and the corporate direction the Board has found pervading
its handling of union complaints, the Board is entitled to
impose corporatewide relief. But this should be supple-
mented with relief directed to the individual facilities, for
instances in which the violation does not have significance
beyond them.” Id. Thereafter, on March 23, 2001, the court
issued its judgment and remanded the cases to the Board for
further proceedings consistent with the court’s opinion.
On December 1, 2000, counsel for the General Coun-
sel recommended that the Board accept the remand and
submitted a proposed order and notices. The Respondent
opposed the proposed order, advising that it intended to
petition the Supreme Court for a writ of certiorari. The
Charging Party agreed with the General Counsel.
On April 9, 2001, the Respondent petitioned for certio-
rari.3
Thereafter, on April 13, 2001, the Board notified the
parties that it had accepted the court’s remand and in-
vited the parties to submit briefs stating their positions.
Statements of position on remand were filed by the Gen-
eral Counsel, the Respondent, and Charging Party SEIU.
Having accepted the court’s remand, we must apply
the court’s opinion as the law of the case. Several mat-
ters are therefore before us on remand. First, we must
fashion a broad cease-and-desist order applicable corpo-
ratewide. Second, we must fashion an affirmative order
requiring the posting of notices corporatewide at all of
the Respondent’s nursing home facilities where no unfair
labor practices took place. And, third, we must fashion
an affirmative order directed to the individual facilities
where unfair labor practices did occur.
In his statement of position, the General Counsel re-
peated the position taken in his December 1, 2000 sub-
mission, and the Charging Party endorsed that position
and concurred with the proposed Order. The Respon-
dent, without waiving the position it has taken in its peti-
tion for certiorari, agreed with the General Counsel’s
3 In its opposition to the Respondent’s petition for a writ of certio-
rari, the Board contends that the petition should be denied as premature
because there is no judicially enforced corporatewide order against the
Respondent in Beverly III at this time. The Board urged that, to avoid
piecemeal litigation, Supreme Court review should await the conclu-
sion of enforcement proceedings in a court of appeals after the Board,
on remand, actually issues a specific corporatewide order against the
Respondent. On June 29, 2001, the Supreme Court denied the Respon-
dent’s petition for writ of certiorari. Beverly California Corp. v. NLRB,
533 U.S. 950 (2001).
334 NLRB No. 79
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
714
proposed corporatewide Order. The Respondent dis-
agrees, however, with the notices submitted by the Gen-
eral Counsel as appendices to the proposed Order. The
Respondent argues that the Board does not have author-
ity to order affirmative action (notice posting) at loca-
tions where no unfair labor practices took place and
where there is no evidence that the employees at these
locations were aware of the unfair labor practices at other
locations. Thus, the Respondent opposes the notice (App.
I) which the General Counsel argues should be posted at
all facilities (other than the facilities where unfair labor
practices took place) and which tracks the cease-and-
desist provisions of the corporatewide Order. The Re-
spondent also objects to the use of this same language in
notices proposed for individual locations. (Apps. II
through XXVI.) The Respondent has not objected to
provisions of Appendices II through XXVI as they relate
to the unfair labor practices found at particular facilities.
The Respondent’s argument concerning the Board’s
authority to order posting corporatewide in the circum-
stances here essentially tracks the arguments it has made
before the Seventh Circuit and the Supreme Court. In-
deed, the issue which the Respondent presented to the
Court in its petition for a writ of certiorari was:
Whether the National Labor Relations Board is author-
ized by Section 10(c) of the National Labor Relations
Act to impose cease and desist and affirmative action
orders upon work locations that have never committed
unfair labor practices and are not otherwise involved in
the underlying proceedings, simply because violations
have been found at other work locations owned or op-
erated by the same employer.
Thus, the Respondent concedes that this issue was decided
by the Seventh Circuit and, accordingly, we find it to be res
judicata.
Apart from the Respondent’s foregoing arguments, no
party has objected to the specific terms of the Order and
notices presented by the General Counsel. Accordingly,
as we find the Order and notices to be consistent with the
remand of the Seventh Circuit, we shall enter the pro-
posed Order and direct the Respondent to post the no-
tices.4
4 Chairman Hurtgen did not participate in the underlying cases. He
agrees that the Respondent has litigated and lost the issue of whether
the Board has the power to issue a cease-and-desist order, and require
notice posting, at facilities where no unlawful conduct occurred. How-
ever, Chairman Hurtgen, as a matter of remedial discretion, would not
require notice posting at facilities where no unlawful conduct occurred.
(This is true of a majority of the Respondent’s facilities.) In Chairman
Hurtgen’s view, such a notice is not necessary because the employees
at these facilities have not been exposed to any unfair labor practices.
ORDER
The National Labor Relations Board orders that the
Respondent, Beverly California Corporation f/k/a Bev-
erly Enterprises, its Operating Divisions, Regions,
Wholly-Owned Subsidiaries and Individual Facilities and
each of them, its officers, agents, successors, and assigns,
shall
1. Cease and desist from
(a) Threatening its employees with discipline, loss of
their licenses or jobs, or any other retaliation, for engag-
ing in union activities.
(b) Threatening its employees with reprisals, including
the sale of a facility or layoffs, for selecting union repre-
sentation.
(c) Interrogating its employees concerning their union
sentiments or activities or those of other employees.
(d) Creating the impression that its employees’ union
activities are under surveillance.
(e) Announcing or granting its employees wage in-
creases timed to defeat union organizing campaigns, or
blame the delay of approved wage increases on the un-
ion.
(f) Enforcing a lawful no-solicitation, bulletin board or
dress code policy against union activity while permitting
comparable anti-union or nonunion-related activity.
(g) Soliciting its employees to retrieve their union au-
thorization cards, sign anti-union petitions, or promote
the formation of independent unions.
(h) Disciplining or otherwise discriminating against its
employees because they engage in union activity.
(i) At those facilities at which its employees are repre-
sented by a union, failing to recognize and bargain with
that union as required by law.
(j) At those facilities at which its employees are repre-
sented by a union, unilaterally changing terms and condi-
tions of employment without prior notice to and afford-
ing an opportunity to bargain to the its employees’ des-
ignated collective-bargaining representative.
(k) At those facilities at which its employees are repre-
sented by a union, failing to meet and bargain with its
employees’ designated collective-bargaining representa-
tive concerning grievances, or bypassing the designated
collective-bargaining representative and dealing directly
with its employees.
(l) At those facilities at which its employees are repre-
sented by a union, failing to furnish the designated col-
lective-bargaining representative with information neces-
sary and relevant to its collective-bargaining functions.
(m) In any other manner interfering with, restraining,
or coercing its employees in the exercise of their Section
7 rights.
BEVERLY CALIFORNIA CORP.
715
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) Within 14 days after service by the Region, post at
all of its facilities (except as otherwise referenced in
paragraphs below) copies of the attached notice marked
“Appendix I.” Copies of the notice, on forms provided
by the Regional Director for Region 6, after being signed
by the Respondent’s authorized representative, shall be
posted by the Respondent and maintained for 60 con-
secutive 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 altered, defaced, or cov-
ered by any other material. In the event that, during the
pendency of these proceedings, the Respondent has sold,
gone out of business or closed any of the facilities in-
volved in these nationwide proceedings as of September
10, 1991, the Respondent shall duplicate and mail, at its
own expense, a copy of the notice to all current employ-
ees and former employees employed by the Respondent
at any such facilities at any time since September 10,
1991.
(b) Within 21 days after service by the Region, file
with the Regional Director for Region 6 a sworn certifi-
cation of a responsible official on a form provided by the
Region attesting to the steps that the Respondent has
taken to comply.
3. The below listed individual facilities shall take the
following additional affirmative action, and, where indi-
cated, in lieu of posting Appendix I, post the appendices
referred to below, necessary to effectuate the policies of
the Act.
I. PIONEER PLACE FACILITY
Within 14 days after service by the Region, post at its
facility in Irving, Texas, operating as Pioneer Place facil-
ity, copies of the attached notice marked “Appendix II.”
Copies of the notice, on forms provided by the Regional
Director for Region 6, after being signed by the Respon-
dent’s authorized 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 no-
tices are not altered, 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 facility involved in these proceedings, the Re-
spondent shall duplicate and mail, at its own expense, a
copy of the notice to all current employees and former
employees employed by the Respondent at this facility at
any time since March 16, 1988.
II. FOUNTAINVIEW PLACE FACILITY
Within 14 days after service by the Region, post at its
facility in Indianapolis, Indiana, operating as Fountain-
view Place facility, copies of the attached notice marked
“Appendix III.” Copies of the notice, on forms provided
by the Regional Director for Region 6, after being signed
by the Respondent’s 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 no-
tices are not altered, 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 facility involved in these proceedings, the Re-
spondent shall duplicate and mail, at its own expense, a
copy of the notice to all current employees and former
employees employed by the Respondent at this facility at
any time since August 18, 1988.
III. LIBERTY HOUSE NURSING HOME
Within 14 days after service by the Region, post at its
facility in Clifton Forge, Virginia, operating as Liberty
House Nursing Home, copies of the attached notice
marked “Appendix IV.” Copies of the notice, on forms
provided by the Regional Director for Region 6, after
being signed by the Respondent’s representative, shall be
posted by the Respondent and maintained for 60 con-
secutive 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 altered, defaced, or cov-
ered by any other material. In the event that, during the
pendency of these proceedings, the Respondent has gone
out of business or closed the facility involved in these
proceedings, the Respondent shall duplicate and mail, at
its own expense, a copy of the notice to all current em-
ployees and former employees employed by the Respon-
dent at this facility at any time since July 22, 1988.
IV. MOUNT LEBANON MANOR CONVALESCENT
CARE CENTER FACILITY
Within 14 days after service by the Region, post at its
facility in Mount Lebanon, Pennsylvania, operating as
Mount Lebanon Manor Convalescent Care Center facil-
ity, copies of the attached notice marked “Appendix V.”
Copies of the notice, on forms provided by the Regional
Director for Region 6, after being signed by the Respon-
dent’s 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-
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
716
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 this facility at any time
since July 5, 1989.
V. DANBURY PAVILION HEALTH CARE
FACILITY
Within 14 days after service by the Region, post at its
facility in Danbury, Connecticut, operating as Danbury
Pavilion Health Care facility, copies of the attached no-
tice marked “Appendix VI.” Copies of the notice, on
forms provided by the Regional Director for Region 6,
after being signed by the Respondent’s 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 Respon-
dent to ensure that the notices are not altered, 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 facility involved in
these proceedings, the Respondent shall duplicate and
mail, at its own expense, a copy of the notice to all cur-
rent employees and former employees employed by the
Respondent at this facility at any time since February 2,
1989.
VI. WEST HAVEN NURSING FACILITY
Within 14 days after service by the Region, post at its
facility in West Haven, Connecticut, operating as West
Haven Nursing facility, copies of the attached notice
marked “Appendix VII.” Copies of the notice, on forms
provided by the Regional Director for Region 6, after
being signed by the Respondent’s representative, shall be
posted by the Respondent and maintained for 60 con-
secutive 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 altered, defaced, or cov-
ered by any other material. In the event that, during the
pendency of these proceedings, the Respondent has gone
out of business or closed the facility involved in these
proceedings, the Respondent shall duplicate and mail, at
its own expense, a copy of the notice to all current em-
ployees and former employees employed by the Respon-
dent at this facility at any time since June 8, 1989.
VII. BEVERLY MANOR CONVALESCENT
HOSPITAL FACILITY
Within 14 days after service by the Region, post at its
facility in Monterey, California, operating as Beverly
Manor Convalescent Hospital facility, copies of the at-
tached notice marked “Appendix VIII.” Copies of the
notice, on forms provided by the Regional Director for
Region 6, after being signed by the Respondent’s repre-
sentative, shall be posted by the Respondent and main-
tained for 60 consecutive days in conspicuous places
including all places where notices to employees are cus-
tomarily posted. Reasonable steps shall be taken by the
Respondent to ensure that the notices are not altered,
defaced, or covered by any other material. In the event
that, during the pendency of these proceedings, the Re-
spondent has gone out of business or closed the facility
involved in these proceedings, the Respondent shall du-
plicate and mail, at its own expense, a copy of the notice
to all current employees and former employees employed
by the Respondent at this facility at any time since July
7, 1991.
VIII. SLAYTON MANOR NURSING HOME
FACILITY
Within 14 days after service by the Region, post at its
facility in Slayton, Minnesota, operating as Slayton
Manor Nursing Home facility, copies of the attached
notice marked “Appendix IX.” Copies of the notice, on
forms provided by the Regional Director for Region 6,
after being signed by the Respondent’s 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 Respon-
dent to ensure that the notices are not altered, 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 facility involved in
these proceedings, the Respondent shall duplicate and
mail, at its own expense, a copy of the notice to all cur-
rent employees and former employees employed by the
Respondent at this facility at any time since December
13, 1989.
IX. KEWAUNEE HEALTH CARE FACILITY
Within 14 days after service by the Region, post at its
facility in Kewaunee, Wisconsin, operating as Kewaunee
Health Care facility, copies of the attached notice marked
“Appendix X.” Copies of the notice, on forms provided
by the Regional Director for Region 6, after being signed
by the Respondent’s representative, shall be posted by
the Respondent and maintained for 60 consecutive days
in conspicuous places including all places where notices
BEVERLY CALIFORNIA CORP.
717
to employees are customarily posted. Reasonable steps
shall be taken by the Respondent to ensure that the no-
tices are not altered, 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 facility involved in these proceedings, the Re-
spondent shall duplicate and mail, at its own expense, a
copy of the notice to all current employees and former
employees employed by the Respondent at this facility at
any time since March 15, 1990.
X. BEVERLY HEALTH CARE CENTER FACILITY
Within 14 days after service by the Region, post at its
facility in Glasgow, West Virginia, operating as Beverly
Health Care Center facility, copies the attached notice
marked “Appendix XI.” Copies of the notice, on forms
provided by the Regional Director for Region 6, after
being signed by the Respondent’s representative, shall be
posted by the Respondent and maintained for 60 con-
secutive 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 altered, defaced, or cov-
ered by any other material. In the event that, during the
pendency of these proceedings, the Respondent has gone
out of business or closed the facility involved in these
proceedings, the Respondent shall duplicate and mail, at
its own expense, a copy of the notice to all current em-
ployees and former employees employed by the Respon-
dent at this facility at any time since June 6, 1990.
XI. RICHLAND MANOR FACILITY
Within 14 days after service by the Region, post at its
facility in Johnstown, Pennsylvania, operating as Rich-
land Manor facility, copies of the attached notice marked
“Appendix XII.” Copies of the notice, on forms pro-
vided by the Regional Director for Region 6, after being
signed by Respondent’s 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 altered, 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 facility involved in these proceedings, the Re-
spondent shall duplicate and mail, at its own expense, a
copy of the notice to all current employees and former
employees employed by the Respondent at this facility at
any time since May 1, 1991.
XII. SANGER HOSPITAL FACILITY
Within 14 days after service by the Region, post at its
facility in Sanger, California, operating as Sanger Hospi-
tal facility, copies of the attached notice marked “Appen-
dix I.” Copies of the notice, on forms provided by the
Regional Director for Region 6, after being signed by the
Respondent’s representative, shall be posted by the Re-
spondent and maintained for 60 consecutive days in con-
spicuous places including all places where notices to
employees are customarily posted. Reasonable steps
shall be taken by the Respondent to ensure that the no-
tices are not altered, defaced, or covered by any other
material. In the event that, during the pendency of these
proceedings, Respondent has gone out of business or
closed the facility involved in these proceedings, the Re-
spondent shall duplicate and mail, at its own expense, a
copy of the notice to all current employees and former
employees employed by the Respondent at this facility at
any time since June 18, 1991.
XIII. BEVERLY MANOR FACILITY
Within 14 days after service by the Region, post at its
facility in San Francisco, California, operating as Bev-
erly Manor facility, copies of the attached notice marked
“Appendix XIII.” Copies of the notice, on forms pro-
vided by the Regional Director for Region 6, after being
signed by the Respondent’s representative, shall be
posted by the Respondent and maintained for 60 con-
secutive 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 altered, defaced, or cov-
ered by any other material. In the event that, during the
pendency of these proceedings, the Respondent has gone
out of business or closed the facility involved in these
proceedings, the Respondent shall duplicate and mail, at
its own expense, a copy of the notice to all current em-
ployees and former employees employed by the Respon-
dent at this facility at any time since May 19, 1991.
XIV. DUKE CONVALESCENT FACILITY
Within 14 days after service by the Region, post at its
facility in Lancaster, Pennsylvania, operating as Duke
Convalescent facility, copies of the attached notice
marked “Appendix XIV.” Copies of the notice, on forms
provided by the Regional Director for Region 6, after
being signed by the Respondent’s representative, shall be
posted by the Respondent and maintained for 60 con-
secutive 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 altered, defaced, or cov-
ered by any other material. In the event that, during the
pendency of these proceedings, the Respondent has gone
out of business or closed the facility involved in these
proceedings, the Respondent shall duplicate and mail, at
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
718
its own expense, a copy of the notice to all current em-
ployees and former employees employed by the Respon-
dent at this facility at any time since June 26, 1991.
XV. CARPENTER CARE CENTER FACILITY
Within 14 days after service by the Region, post at its
facility in Tunkhannock, Pennsylvania, operating as Car-
penter Care Center facility, copies of the attached notice
marked “Appendix XV.” Copies of the notice, on forms
provided by the Regional Director for Region 6, after
being signed by the Respondent’s representative, shall be
posted by the Respondent and maintained for 60 con-
secutive 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 altered, defaced, or cov-
ered by any other material. In the event that, during the
pendency of these proceedings, the Respondent has gone
out of business or closed the facility involved in these
proceedings, the Respondent shall duplicate and mail, at
its own expense, a copy of the notice to all current em-
ployees and former employees employed by the Respon-
dent at this facility at any time since July 18, 1991.
XVI. STROUD MANOR FACILITY
Within 14 days after service by the Region, post at its
facility in East Stroudsburg, Pennsylvania, operating as
Stroud Manor facility, copies of the attached notice
marked “Appendix XVI.” Copies of the notice, on forms
provided by the Regional Director for Region 6, after
being signed by the Respondent’s representative, shall be
posted by the Respondent and maintained for 60 con-
secutive 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 altered, defaced, or cov-
ered by any other material. In the event that, during the
pendency of these proceedings, the Respondent has gone
out of business or closed the facility involved in these
proceedings, the Respondent shall duplicate and mail, at
its own expense, a copy of the notice to all current em-
ployees and former employees employed by the Respon-
dent at this facility at any time since July 30, 1991.
XVII. VALLEY CARE AND GUIDANCE CENTER
FACILITY
Within 14 days after service by the Region, post at its
facility in Fresno, California, operating as Valley Care
and Guidance Center facility, copies of the attached no-
tice marked “Appendix XVII.” Copies of the notice, on
forms provided by the Regional Director for Region 6,
after being signed by the Respondent’s 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 Respon-
dent to ensure that the notices are not altered, 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 facility involved in
these proceedings, the Respondent shall duplicate and
mail, at its own expense, a copy of the notice to all cur-
rent employees and former employees employed by the
Respondent at this facility at any time since May 31,
1991.
XVIII. WILLIAM PENN NURSING CENTER
Within 14 days after service by the Region, post at its
facility in Lewistown, Pennsylvania, copies of the at-
tached notice marked “Appendix XVIII.” Copies of the
notice on forms provided by the Regional Director for
Region 6, after being signed by Respondent’s representa-
tive, 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 Respondent
to ensure that the notices are not altered, defaced, or cov-
ered by any other material. In the event that, during the
pendency of these proceedings, the Respondent has gone
out of business or closed the facility involved in these
proceedings, the Respondent shall duplicate and mail, at
its own expense, a copy of the notice to all current em-
ployees and former employees employed by the Respon-
dent at this facility at any time since January 15, 1992.
XIX. GREENWOOD HEALTH CENTER
(a) Upon request, meet with and bargain with desig-
nated collective-bargaining representatives in the proc-
essing of grievances.
(b) Within 14 days after service by the Region, post at
its facility in Hartford, Connecticut, copies of the at-
tached notice marked “Appendix XIX.” Copies of the
notice on forms provided by the Regional Director for
Region 6, after being signed by Respondent’s representa-
tive, 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 Respondent
to ensure that the notices are not altered, defaced, or cov-
ered by any other material. In the event that, during the
pendency of these proceedings, the Respondent has gone
out of business or closed the facility involved in these
proceedings, the Respondent shall duplicate and mail, at
its own expense, a copy of the notice to all current em-
ployees and former employees employed by the Respon-
dent at this facility at any time since September 10, 1991.
BEVERLY CALIFORNIA CORP.
719
XX. DELTONA HEALTH CARE CENTER
Within 14 days after service by the Region, post at its
facility in Deltona, Florida, copies of the attached notice
marked “Appendix XX.” Copies of the notice on forms
provided by the Regional Director for Region 6, after
being signed by Respondent’s representative, shall be
posted by the Respondent and maintained for 60 con-
secutive days in conspicuous places, including all places
where notices to employees are customarily posted.
Reasonable steps shall be taken by Respondent to ensure
that the notices are not altered, defaced, or covered by
any other material. In the event that, during the pend-
ency of these proceedings, the Respondent has gone out
of business or closed the facility involved in these pro-
ceedings, the Respondent shall duplicate and mail, at its
own expense, a copy of the notice to all current employ-
ees and former employees employed by the Respondent
at this facility at any time since January 1, 1992.
XXI. EAST MOLINE CARE CENTER
Within 14 days after service by the Region, post at its
facility in East Moline, Illinois, copies of the attached
notice marked “Appendix XXI.” Copies of the notice on
forms provided by the Regional Director for Region 6,
after being signed by Respondent’s representative, shall
be posted by the Respondent and maintained for 60 con-
secutive days in conspicuous places, including all places
where notices to employees are customarily posted.
Reasonable steps shall be taken by Respondent to ensure
that the notices are not altered, defaced, or covered by
any other material. In the event that, during the pend-
ency of these proceedings, the Respondent has gone out
of business or closed the facility involved in these pro-
ceedings, the Respondent shall duplicate and mail, at its
own expense, a copy of the notice to all current employ-
ees and former employees employed by the Respondent
at this facility at any time since November 2, 1991.
XXII. WEST HAVEN NURSING FACILITY
(a) Upon request, furnish to the Union information that
is relevant and necessary to its role as exclusive bargain-
ing representative of the unit employees.
(b) Within 14 days after service by the Region, post at
its facility in West Haven, Connecticut, copies of the
attached notice marked “Appendix XXII.” Copies of the
notice on forms provided by the Regional Director for
Region 6, after being signed by Respondent’s representa-
tive, 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 Respondent
to ensure that the notices are not altered, defaced, or cov-
ered by any other material. In the event that, during the
pendency of these proceedings, the Respondent has gone
out of business or closed the facility involved in these
proceedings, the Respondent shall duplicate and mail, at
its own expense, a copy of the notice to all current em-
ployees and former employees employed by the Respon-
dent at this facility at any time since February 14, 1992.
XXIII. PARK HAVEN CARE CENTER
(a) Upon request, furnish to the Union information that
is relevant and necessary to its role as exclusive bargain-
ing representative of the unit employees.
(b) Within 14 days after service by the Region, post at
its facility in Smithton, Illinois, copies of the attached
notice marked “Appendix XXIII.” Copies of the notice
on forms provided by the Regional Director for Region
6, after being signed by Respondent’s 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 Respondent
to ensure that the notices are not altered, defaced, or cov-
ered by any other material. In the event hat, during the
pendency of these proceedings, the Respondent has gone
out of business or closed the facility involved in these
proceedings, the Respondent shall duplicate and mail, at
its own expense, a copy of the notice to all current em-
ployees and former employees employed by the Respon-
dent at this facility at any time since January 11, 1993.
XXIV. GARDEN TERRACE NURSING CENTER
Within 14 days after service by the Region, post at its
facility in Douglasville, Georgia, copies of the attached
notice marked “Appendix XXIV.” Copies of the notice
on forms provided by the Regional Director for Region
6, after being signed by Respondent’s 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 Respondent
to ensure that the notices are not altered, defaced, or cov-
ered by any other material. In the event that, during the
pendency of these proceedings, the Respondent has gone
out of business or closed the facility involved in these
proceedings, the Respondent shall duplicate and mail, at
its own expense, a copy of the notice to all current em-
ployees and former employees employed by the Respon-
dent at this facility at any time since October 28, 1992.
XXV. GULF COAST CONVALESCENT CENTER
(a) Make whole employees from whom a wage in-
crease was unlawfully withheld for any loss of earnings
and other benefits suffered as a result of the discrimina-
tion against them. Backpay is to be computed in accor-
dance with Ogle Protection Service, 183 NLRB 682
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
720
(1970) and with interest computed as set forth in New
Horizons for the Retarded, 283 NLRB 1173 (1987).
(b) Preserve and, within 14 days of a request, make
available to the Board or its agents for examination and
copying, all payroll records, social security payment re-
cords, timecards, personnel records and reports, and all
other records necessary to analyze the amounts of back-
pay due under the terms of this Order.
(c) Within 14 days after service by the Region, post at
its 20in Panama City, Florida, copies of the attached no-
tice marked “Appendix XXV.” Copies of the notice on
forms provided by the Regional Director for Region 6,
after being signed by Respondent’s representative, shall
be posted by the Respondent and maintained for 60 con-
secutive days in conspicuous places, including all places
where notices to employees are customarily posted.
Reasonable steps shall be taken by Respondent to ensure
that the notices are not altered, defaced, or covered by
any other material. In the event that, during the pend-
ency of these proceedings, the Respondent has gone out
of business or closed the facility involved in these pro-
ceedings, the Respondent shall duplicate and mail, at its
own expense, a copy of the notice to all current employ-
ees and former employees employed by the Respondent
at this facility at any time since July 10, 1992.
XXVI. NORTHCREST NURSING HOME
(a) Immediately rescind the suspension and final warn-
ing issued to Julie Schriner and make her whole for any
loss of earnings and other benefits, with interest, suffered
as a result of her unlawful suspension. Backpay shall be
computed in accordance with F. W. Woolworth Co., 90
NLRB 289 (1950), with interest computed as set forth in
New Horizons for the Retarded, 283 NLRB 1173 (1987).
(b) Within 14 days from the date of this Order, remove
from its files any reference to the unlawful discipline
issued to Schriner, and within 3 days thereafter notify her
in writing that this has been done and that the unlawful
discipline will not be used as a basis for future personnel
actions against her in any way.
(c) Preserve and, within 14 days of a request, make
available to the Board or its agents for examination and
copying, all payroll records, social security payment re-
cords, timecards, personnel records and reports, and all
other records necessary to analyze the amounts of back-
pay due under the terms of this Order.
(d) Within 14 days after service by the Region, post at
its facility in Napoleon, Ohio, copies of the attached no-
tice marked “Appendix XXVI.” Copies of the notice on
forms provided by the Regional Director for Region 6,
after being signed by Respondent’s representative, shall
be posted by the Respondent and maintained for 60 con-
secutive days in conspicuous places, including all places
where notices to employees are customarily posted.
Reasonable steps shall be taken by Respondent to ensure
that the notices are not altered, defaced, or covered by
any other material. In the event that, during the pend-
ency of these proceedings, the Respondent has gone out
of business or closed the facility involved in these pro-
ceedings, the Respondent shall duplicate and mail, at its
own expense, a copy of the notice to all current employ-
ees and former employees employed by the Respondent
at this facility at any time since November 18, 1992.
East Moline Care Center,
Garden Terrace Nursing Center
The elections in Cases 6–RC–10752 (formerly 33–
RC–3724), and 6–RC–11201 (formerly 8–RC–14773)
are set aside and that these cases are remanded to the
Regional Director for Region 6 to conduct new elections
when he deems the circumstances permit the free choice
of bargaining representatives.
APPENDIX I
NOTICE TO EMPLOYEES
This Notice has been posted as a result of a long series of
cases brought by various unions and individuals against
Beverly before the National Labor Relations Board. In
these cases, the NLRB, based upon Beverly’s recurring
violations of the National Labor Relations Act, issued an
order requiring Beverly to cease and desist from continuing
in such unlawful conduct, not only at the nursing homes
which were involved in the series of proceedings, but also at
all other Beverly nursing homes. The United States Court
of Appeals for the Seventh Circuit, after reviewing all of the
testimony and evidence, directed Beverly to cease and desist
from its unlawful conduct at any of its nursing homes, to
provide backpay and other relief to all of the employees
affected by its conduct, and to post this Notice to employees
at all Beverly nursing homes nationwide.
Section 7 of the National Labor Relations Act gives em-
ployees the following rights.
To engage in self-organization
To form, join, or assist labor organizations
To bargain collectively through representatives
of their own choosing
To act together for collective bargaining or other
mutual aid or protection
To refrain from any or all such activities.
In recognition of these rights, we hereby notify our employ-
ees that:
WE WILL NOT threaten our employees with disci-
pline, loss of their licenses or jobs, or any other retalia-
tion, for engaging in union activities.
BEVERLY CALIFORNIA CORP.
721
WE WILL NOT threaten our employees with reprisals,
including the sale of a facility or layoffs, for selecting
union representation.
WE WILL NOT interrogate our employees concerning
their union sentiments or activities or those of other em-
ployees.
WE WILL NOT create the impression that our em-
ployees’ union activities are under surveillance by us.
WE WILL NOT announce or grant our employees
wage increases timed to defeat union organizing cam-
paigns, or blame the delay of approved wage increases
on the union.
WE WILL NOT enforce a lawful no-solicitation, bulle-
tin board or dress code policy against union activity
while permitting comparable anti-union or nonunion-
related activity.
WE WILL NOT solicit our employees to retrieve their
union authorization cards, sign anti-union petitions, or
promote the formation of independent unions.
WE WILL NOT discipline or otherwise discriminate
against our employees because they engage in union ac-
tivity.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to recognize and
bargain with that union as required by law.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, unilaterally change
terms and conditions of employment without prior notice
to and affording an opportunity to bargain to our em-
ployees’ designated collective-bargaining representative.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to meet and bar-
gain with our employees’ designated collective-
bargaining representative concerning grievances, or by-
pass the designated collective-bargaining representative
and deal directly with our employees.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to furnish the
designated collective-bargaining representative with in-
formation necessary and relevant to its collective-
bargaining functions.
WE WILL NOT in any other manner interfere with, re-
strain, or coerce our employees in the exercise of their
Section 7 rights.
WE WILL rescind the suspension and warning we dis-
criminatorily issued and make whole the employee for
the loss of wages and benefits, and WE WILL make
whole our employees from whom a wage increase was
unlaw
fully withheld, and WE WILL otherwise address all of
the unlawful conduct.
BEVERLY CALIFORNIA CORPORATION
F/K/A
BEVERLY
ENTERPRISES,
ITS
OPERATING
DIVI-SIONS,
REGIONS,
WHOLLY-OWNED SUB-SIDIARIES AND
INDIVIDUAL FACILITIES AND EACH OF
THEM
APPENDIX II
(Pioneer Place)
NOTICE TO EMPLOYEES
This Notice has been posted as a result of a long series of
cases brought by various unions and individuals against
Beverly before the National Labor Relations Board. In
these cases, the NLRB, based upon Beverly’s recurring
violations of the National Labor Relations Act, issued an
order requiring Beverly to cease and desist from continuing
in such unlawful conduct, not only at the nursing homes
which were involved in the series of proceedings, but also at
all other Beverly nursing homes. The United States Court
of Appeals for the Seventh Circuit, after reviewing all of the
testimony and evidence, directed Beverly to cease and desist
from its unlawful conduct at any of its nursing homes, to
provide backpay and other relief to all of the employees
affected by its conduct, and to post this Notice to employees
at all Beverly nursing homes nationwide.
Section 7 of the National Labor Relations Act gives em-
ployees the following rights.
To engage in self-organization
To form, join, or assist labor organizations
To bargain collectively through representatives
of their own choosing;
To act together for collective bargaining or other
mutual aid or protection
To refrain from any or all such activities.
In recognition of these rights, we hereby notify our employ-
ees that:
WE WILL NOT threaten our employees with disci-
pline, loss of their licenses or jobs, or any other retalia-
tion, for engaging in union activities.
WE WILL NOT threaten our employees with reprisals,
including the sale of a facility or layoffs, for selecting
union representation.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
722
WE WILL NOT interrogate our employees concerning
their union sentiments or activities or those of other em-
ployees.
WE WILL NOT create the impression that our em-
ployees’ union activities are under surveillance by us.
WE WILL NOT announce or grant our employees
wage increases timed to defeat union organizing cam-
paigns, or blame the delay of approved wage increases
on the union.
WE WILL NOT enforce a lawful no-solicitation, bulle-
tin board or dress code policy against union activity
while permitting comparable anti-union or nonunion-
related activity.
WE WILL NOT solicit our employees to retrieve their
union authorization cards, sign anti-union petitions, pro-
mote the formation of independent unions or to form and
join organizations to represent them as to their terms and
conditions of employment.
WE WILL NOT discipline or otherwise discriminate
against our employees because they engage in union ac-
tivity.
WE WILL NOT fail to recognize and bargain with our
employees’ designated collective-bargaining representa-
tive as required by law.
WE WILL NOT unilaterally change terms and condi-
tions of employment without prior notice to and afford-
ing an opportunity to bargain to our employees’ desig-
nated collective-bargaining representative.
WE WILL NOT fail to meet and bargain with our em-
ployees’ designated collective-bargaining representative
concerning grievances, or bypass the designated collec-
tive-bargaining representative and deal directly with our
employees.
WE WILL NOT fail to furnish the designated collec-
tive-bargaining representative with information neces-
sary and relevant to its collective-bargaining functions.
WE WILL NOT in any other manner interfere with, re-
strain, or coerce our employees in the exercise of their
Section 7 rights.
WE WILL rescind the suspension and warning we dis-
criminatorily issued and make whole the employee for
the loss of wages and benefits, and WE WILL make
whole our employees from whom a wage increase was
unlawfully withheld, and WE WILL otherwise address
all of the unlawful conduct.
BEVERLY CALIFORNIA CORPORATION
F/K/A
BEVERLY
ENTERPRISES,
ITS
OPERATING
DIVI-SIONS,
REGIONS,
WHOLLY-OWNED SUB-SIDIARIES AND
INDIVIDUAL FACILITIES AND EACH OF
THEM
APPENDIX III
(Fountainview Place facility)
NOTICE TO EMPLOYEES
This Notice has been posted as a result of a long series of
cases brought by various unions and individuals against
Beverly before the National Labor Relations Board. In
these cases, the NLRB, based upon Beverly’s recurring
violations of the National Labor Relations Act, issued an
order requiring Beverly to cease and desist from continuing
in such unlawful conduct, not only at the nursing homes
which were involved in the series of proceedings, but also at
all other Beverly nursing homes. The United States Court
of Appeals for the Seventh Circuit, after reviewing all of the
testimony and evidence, directed Beverly to cease and desist
from its unlawful conduct at any of its nursing homes, to
provide backpay and other relief to all of the employees
affected by its conduct, and to post this Notice to employees
at all Beverly nursing homes nationwide.
Section 7 of the National Labor Relations Act gives em-
ployees the following rights.
To engage in self-organization
To form, join, or assist labor organizations
To bargain collectively through representatives
of their own choosing
To act together for collective bargaining or other
mutual aid or protection
To refrain from any or all such activities.
In recognition of these rights, we hereby notify our employ-
ees that:
WE WILL NOT threaten our employees with disci-
pline, loss of their licenses or jobs, or any other retalia-
tion, for engaging in union activities.
WE WILL NOT threaten our employees with reprisals,
including the sale of a facility or layoffs, for selecting
union representation.
WE WILL NOT interrogate our employees concerning
their union sentiments or activities or those of other em-
ployees.
WE WILL NOT create the impression that our em-
ployees’ union activities are under surveillance by us.
WE WILL NOT announce or grant our employees
wage increases timed to defeat union organizing cam-
paigns, or blame the delay of approved wage increases
on the union.
WE WILL NOT enforce a lawful no-solicitation, bulle-
tin board or dress code policy against union activity
while permitting comparable anti-union or nonunion-
related activity.
BEVERLY CALIFORNIA CORP.
723
WE WILL NOT solicit our employees to retrieve their
union authorization cards, sign antiunion petitions, or
promote the formation of independent unions.
WE WILL NOT discipline or otherwise discriminate
against our employees because they engage in union ac-
tivity, including serving as union observers during repre-
sentation elections under the Act.
WE WILL NOT fail to recognize and bargain with our
employees’ designated collective-bargaining representa-
tive as required by law.
WE WILL NOT unilaterally change terms and condi-
tions of employment without prior notice to and afford-
ing an opportunity to bargain to our employees’ desig-
nated collective-bargaining representative.
WE WILL NOT fail to meet and bargain with our em-
ployees’ designated collective-bargaining representative
concerning grievances, or bypass the designated collec-
tive-bargaining representative and deal directly with our
employees.
WE WILL NOT fail to furnish the designated collec-
tive-bargaining representative with information neces-
sary and relevant to its collective-bargaining functions.
WE WILL NOT in any other manner interfere with, re-
strain, or coerce our employees in the exercise of their
Section 7 rights.
WE WILL, within 14 days from the date of the Board’s
Order, remove from our files any reference to the unlaw-
ful disciplinary actions taken against Lily Davis and Kas-
tle Gannon, and WE WILL, within 3 days thereafter,
notify them in writing that this has been done and that
the unlawful disciplines will not be used against them in
any way.
WE WILL rescind the suspension and warning we dis-
criminatorily issued and make whole the employee for
the loss of wages and benefits, and WE WILL make
whole our employees from whom a wage increase was
unlawfully withheld, and WE WILL otherwise address
all of the unlawful conduct.
BEVERLY CALIFORNIA CORPORATION
F/K/A
BEVERLY
ENTERPRISES,
ITS
OPERATING
DIVI-SIONS,
REGIONS,
WHOLLY-OWNED SUB-SIDIARIES AND
INDIVIDUAL FACILITIES AND EACH OF
THEM
APPENDIX IV
(Liberty House Nursing Home)
NOTICE TO EMPLOYEES
This Notice has been posted as a result of a long series of
cases brought by various unions and individuals against
Beverly before the National Labor Relations Board. In
these cases, the NLRB, based upon Beverly’s recurring
violations of the National Labor Relations Act, issued an
order requiring Beverly to cease and desist from continuing
in such unlawful conduct, not only at the nursing homes
which were involved in the series of proceedings, but also at
all other Beverly nursing homes. The United States Court
of Appeals for the Seventh Circuit, after reviewing all of the
testimony and evidence, directed Beverly to cease and desist
from its unlawful conduct at any of its nursing homes, to
provide backpay and other relief to all of the employees
affected by its conduct, and to post this Notice to employees
at all Beverly nursing homes nationwide.
Section 7 of the National Labor Relations Act gives em-
ployees the following rights.
To engage in self-organization
To form, join, or assist labor organizations
To bargain collectively through representatives
of their own choosing
To act together for collective bargaining or other
mutual aid or protection
To refrain from any or all such activities.
In recognition of these rights, we hereby notify our employ-
ees that:
WE WILL NOT threaten our employees with disci-
pline, loss of their licenses or jobs, or any other retalia-
tion, for engaging in union activities.
WE WILL NOT threaten our employees with reprisals,
including the sale of a facility or layoffs, for selecting
union representation.
WE WILL NOT interrogate our employees concerning
their union sentiments or activities or those of other em-
ployees.
WE WILL NOT create the impression that our em-
ployees’ union activities are under surveillance by us.
WE WILL NOT announce or grant our employees
wage increases timed to defeat union organizing cam-
paigns, or blame the delay of approved wage increases
on the union.
WE WILL NOT enforce a lawful no-solicitation, bulle-
tin board or dress code policy against union activity
while permitting comparable anti-union or nonunion-
related activity.
WE WILL NOT solicit our employees to retrieve their
union authorization cards, sign anti-union petitions, or
promote the formation of independent unions.
WE WILL NOT discharge, discipline or otherwise dis-
criminate against our employees because they engage in
union activity.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
724
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to recognize and
bargain with that union as required by law.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, unilaterally change
terms and conditions of employment without prior notice
to and affording an opportunity to bargain to our em-
ployees’ designated collective-bargaining representative.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to meet and bar-
gain with the employees’ designated collective-
bargaining representative concerning grievances, or by-
pass the designated collective-bargaining representative
and deal directly with our employees.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to furnish the
designated collective-bargaining representative with in-
formation necessary and relevant to its collective-
bargaining functions.
WE WILL NOT in any other manner interfere with, re-
strain, or coerce our employees in the exercise of their
Section 7 rights.
WE WILL, within 14 days from the date of the Board’s
Order, offer employee Peggy Urban full reinstatement to
her job or, if that job no longer exists, to a substantially
equivalent position, without prejudice to her seniority or
any other rights and privileges previously enjoyed.
WE WILL make whole, commencing from the date of
her unlawful discharge, employee Peggy Urban for any
loss of earnings and other benefits suffered resulting
from her discharge, less any net earnings, plus interest.
WE WILL, within 14 days from the date of the Board’s
Order, remove from our files any reference to the unlaw-
ful discharge of Peggy Urban, and WE WILL, within 3
days thereafter, notify her in writing that this has been
done and that the discharge will not be used against her
in any way.
WE WILL rescind the suspension and warning we dis-
criminatorily issued and make whole the employee for
the loss of wages and benefits, and WE WILL make
whole our employees from whom a wage increase was
unlawfully withheld, and WE WILL otherwise address
all of the unlawful conduct.
BEVERLY CALIFORNIA CORPORATION
F/K/A
BEVERLY
ENTERPRISES,
ITS
OPERATING
DIVI-SIONS,
REGIONS,
WHOLLY-OWNED SUB-SIDIARIES AND
INDIVIDUAL FACILITIES AND EACH OF
THEM
APPENDIX V
(Mount Lebanon Manor Convalescent Care
Center Facility)
NOTICE TO EMPLOYEES
This Notice has been posted as a result of a long series of
cases brought by various unions and individuals against
Beverly before the National Labor Relations Board. In
these cases, the NLRB, based upon Beverly’s recurring
violations of the National Labor Relations Act, issued an
order requiring Beverly to cease and desist from continuing
in such unlawful conduct, not only at the nursing homes
which were involved in the series of proceedings, but also at
all other Beverly nursing homes. The United States Court
of Appeals for the Seventh Circuit, after reviewing all of the
testimony and evidence, directed Beverly to cease and desist
from its unlawful conduct at any of its nursing homes, to
provide backpay and other relief to all of the employees
affected by its conduct, and to post this Notice to employees
at all Beverly nursing homes nationwide.
Section 7 of the National Labor Relations Act gives em-
ployees the following rights.
To engage in self-organization
To form, join, or assist labor organizations
To bargain collectively through representatives
of their own choosing
To act together for collective bargaining or other
mutual aid or protection
To refrain from any or all such activities.
In recognition of these rights, we hereby notify our employ-
ees that:
WE WILL NOT threaten our employees with disci-
pline, loss of their licenses or jobs, or any other retalia-
tion, for engaging in union activities.
WE WILL NOT threaten our employees with reprisals,
including the sale of a facility or layoffs, for selecting
union representation.
WE WILL NOT interrogate our employees concerning
their union sentiments or activities or those of other em-
ployees.
WE WILL NOT create the impression that our em-
ployees’ union activities are under surveillance by us.
WE WILL NOT announce or grant our employees
wage increases timed to defeat union organizing cam-
paigns, or blame the delay of approved wage increases
on the union.
WE WILL NOT enforce a lawful no-solicitation, bulle-
tin board or dress code policy against union activity
while permitting comparable anti-union or nonunion-
related activity.
BEVERLY CALIFORNIA CORP.
725
WE WILL NOT solicit our employees to retrieve their
union authorization cards, sign anti-union petitions, or
promote the formation of independent unions.
WE WILL NOT discipline or otherwise discriminate
against our employees because they engage in union ac-
tivity.
WE WILL NOT fail to recognize and bargain with our
employees’ designated collective-bargaining representa-
tive as required by law.
WE WILL NOT unilaterally change terms and condi-
tions of employment, including implementing a master
schedule, without prior notice to and affording an oppor-
tunity to bargain to our employees’ designated collec-
tive-bargaining representative.
WE WILL NOT fail to meet and bargain with our em-
ployees’ designated collective-bargaining representative
concerning grievances, or bypass the designated collec-
tive-bargaining representative and deal directly with our
employees.
WE WILL NOT fail to furnish the designated collec-
tive-bargaining representative with information neces-
sary and relevant to its collective-bargaining functions.
WE WILL NOT in any other manner interfere with, re-
strain, or coerce our employees in the exercise of their
Section 7 rights.
WE WILL, on request, furnish to the Union informa-
tion that is relevant and necessary to its role as exclusive
bargaining representative of the unit employees.
WE WILL, on request, bargain in good faith concern-
ing wages, hours, and other terms and conditions of em-
ployment with the Union selected by our employees as
their collective-bargaining representative, including bar-
gaining before making any changes in the master sched-
ule.
WE WILL rescind the suspension and warning we dis-
criminatorily issued and make whole the employee for
the loss of wages and benefits, and WE WILL make
whole our employees from whom a wage increase was
unlawfully withheld, and WE WILL otherwise address
all of the unlawful conduct.
BEVERLY CALIFORNIA CORPORATION
F/K/A
BEVERLY
ENTERPRISES,
ITS
OPERATING
DIVI-SIONS,
REGIONS,
WHOLLY-OWNED SUB-SIDIARIES AND
INDIVIDUAL FACILITIES AND EACH OF
THEM
APPENDIX VI
(Danbury Pavilion Health Care Facility)
NOTICE TO EMPLOYEES
This Notice has been posted as a result of a long series of
cases brought by various unions and individuals against
Beverly before the National Labor Relations Board. In
these cases, the NLRB, based upon Beverly’s recurring
violations of the National Labor Relations Act, issued an
order requiring Beverly to cease and desist from continuing
in such unlawful conduct, not only at the nursing homes
which were involved in the series of proceedings, but also at
all other Beverly nursing homes. The United States Court
of Appeals for the Seventh Circuit, after reviewing all of the
testimony and evidence, directed Beverly to cease and desist
from its unlawful conduct at any of its nursing homes, to
provide backpay and other relief to all of the employees
affected by its conduct, and to post this Notice to employees
at all Beverly nursing homes nationwide.
Section 7 of the National Labor Relations Act gives em-
ployees the following rights.
To engage in self-organization
To form, join, or assist labor organizations
To bargain collectively through representatives
of their own choosing
To act together for collective bargaining or other
mutual aid or protection
To refrain from any or all such activities.
In recognition of these rights, we hereby notify our employ-
ees that:
WE WILL NOT threaten our employees with disci-
pline, loss of their licenses or jobs, or any other retalia-
tion, for engaging in union activities.
WE WILL NOT threaten our employees with reprisals,
including the sale of a facility or layoffs, for selecting
union representation.
WE WILL NOT interrogate our employees concerning
their union sentiments or activities or those of other em-
ployees.
WE WILL NOT create the impression that our em-
ployees’ union activities are under surveillance by us.
WE WILL NOT announce or grant our employees
wage increases timed to defeat union organizing cam-
paigns, or blame the delay of approved wage increases
on the union.
WE WILL NOT enforce a lawful no-solicitation, bulle-
tin board or dress code policy against union activity
while permitting comparable anti-union or nonunion-
related activity.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
726
WE WILL NOT solicit our employees to retrieve their
union authorization cards, sign anti-union petitions, or
promote the formation of independent unions.
WE WILL NOT discipline or otherwise discriminate
against our employees because they engage in union ac-
tivity.
WE WILL NOT fail to recognize and bargain with our
employees’ designated collective-bargaining representa-
tive as required by law.
WE WILL NOT unilaterally change terms and condi-
tions of employment, including discontinuing short pay
policy, without prior notice to and affording an opportu-
nity to bargain to our employees’ designated collective-
bargaining representative.
WE WILL NOT fail to meet and bargain with our em-
ployees’ designated collective-bargaining representative
concerning grievances, or bypass the designated collec-
tive-bargaining representative and deal directly with our
employees.
WE WILL NOT fail to furnish the designated collec-
tive-bargaining representative with information neces-
sary and relevant to its collective-bargaining functions.
WE WILL NOT in any other manner interfere with, re-
strain, or coerce our employees in the exercise of their
Section 7 rights.
WE WILL, on request, bargain in good faith concern-
ing wages, hours, and other terms and conditions of em-
ployment with the Union selected by our employees as
their collective-bargaining representative, including bar-
gaining before making any changes in short pay policy.
WE WILL rescind the suspension and warning we dis-
criminatorily issued and make whole the employee for
the loss of wages and benefits, and WE WILL make
whole our employees from whom a wage increase was
unlawfully withheld, and WE WILL otherwise address
all of the unlawful conduct.
BEVERLY CALIFORNIA CORPORATION
F/K/A
BEVERLY
ENTERPRISES,
ITS
OPERATING
DIVI-SIONS,
REGIONS,
WHOLLY-OWNED SUB-SIDIARIES AND
INDIVIDUAL FACILITIES AND EACH OF
THEM
APPENDIX VII
(West Haven Nursing Facility)
NOTICE TO EMPLOYEES
This Notice has been posted as a result of a long series of
cases brought by various unions and individuals against
Beverly before the National Labor Relations Board. In
these cases, the NLRB, based upon Beverly’s recurring
violations of the National Labor Relations Act, issued an
order requiring Beverly to cease and desist from continuing
in such unlawful conduct, not only at the nursing homes
which were involved in the series of proceedings, but also at
all other Beverly nursing homes. The United States Court
of Appeals for the Seventh Circuit, after reviewing all of the
testimony and evidence, directed Beverly to cease and desist
from its unlawful conduct at any of its nursing homes, to
provide backpay and other relief to all of the employees
affected by its conduct, and to post this Notice to employees
at all Beverly nursing homes nationwide.
Section 7 of the National Labor Relations Act gives em-
ployees the following rights.
To engage in self-organization
To form, join or assist labor organizations
To bargain collectively through representatives
of their own choosing
To act together for collective bargaining or other
mutual aid or protection
To refrain from any or all such activities.
In recognition of these rights, we hereby notify our employ-
ees that:
WE WILL NOT threaten our employees with disci-
pline, loss of their licenses or jobs, or any other retalia-
tion, for engaging in union activities.
WE WILL NOT threaten our employees with reprisals,
including the sale of a facility or layoffs, for selecting
union representation.
WE WILL NOT interrogate our employees concerning
their union sentiments or activities or those of other em-
ployees.
WE WILL NOT create the impression that our em-
ployees’ union activities are under surveillance by us.
WE WILL NOT announce or grant our employees
wage increases timed to defeat union organizing cam-
paigns, or blame the delay of approved wage increases
on the union.
WE WILL NOT enforce a lawful no-solicitation, bulle-
tin board or dress code policy against union activity
while permitting comparable anti-union or nonunion-
related activity.
WE WILL NOT solicit our employees to retrieve their
union authorization cards, sign anti-union petitions, or
promote the formation of independent unions.
WE WILL NOT discipline or otherwise discriminate
against our employees because they engage in union ac-
tivity.
WE WILL NOT fail to recognize and bargain with our
employees’ designated collective-bargaining representa-
tive as required by law.
BEVERLY CALIFORNIA CORP.
727
WE WILL NOT unilaterally change terms and condi-
tions of employment without prior notice to and afford-
ing an opportunity to bargain to our employees’ desig-
nated collective-bargaining representative.
WE WILL NOT fail to meet and bargain with our em-
ployees’ designated collective-bargaining representative
concerning grievances, or bypass the designated collec-
tive-bargaining representative and deal directly with our
employees.
WE WILL NOT fail to furnish the designated collec-
tive-bargaining representative with information neces-
sary and relevant to its collective-bargaining functions.
WE WILL NOT in any other manner interfere with, re-
strain, or coerce our employees in the exercise of their
Section 7 rights.
WE WILL, on request, furnish to the Union informa-
tion that is relevant and necessary to its role as exclusive
bargaining representative of the unit employees.
WE WILL rescind the suspension and warning we dis-
criminatorily issued and make whole the employee for
the loss of wages and benefits, and WE WILL make
whole our employees from whom a wage increase was
unlawfully withheld, and WE WILL otherwise address
all of the unlawful conduct.
BEVERLY CALIFORNIA CORPORATION
F/K/A
BEVERLY
ENTERPRISES,
ITS
OPERATING
DIVI-SIONS,
REGIONS,
WHOLLY-OWNED SUB-SIDIARIES AND
INDIVIDUAL FACILITIES AND EACH OF
THEM
APPENDIX VIII
(Beverly Manor Convalescent Hospital Facility)
NOTICE TO EMPLOYEES
This Notice has been posted as a result of a long series of
cases brought by various unions and individuals against
Beverly before the National Labor Relations Board. In
these cases, the NLRB, based upon Beverly’s recurring
violations of the National Labor Relations Act, issued an
order requiring Beverly to cease and desist from continuing
in such unlawful conduct, not only at the nursing homes
which were involved in the series of proceedings, but also at
all other Beverly nursing homes. The United States Court
of Appeals for the Seventh Circuit, after reviewing all of the
testimony and evidence, directed Beverly to cease and desist
from its unlawful conduct at any of its nursing homes, to
provide backpay and other relief to all of the employees
affected by its conduct, and to post this Notice to employees
at all Beverly nursing homes nationwide.
Section 7 of the National Labor Relations Act gives em-
ployees the following rights.
To engage in self-organization
To form, join, or assist labor organizations
To bargain collectively through representatives
of their own choosing
To act together for collective bargaining or other
mutual aid or protection
To refrain from any or all such activities.
In recognition of these rights, we hereby notify our employ-
ees that:
WE WILL NOT threaten our employees with disci-
pline, loss of their licenses or jobs, or any other retalia-
tion, for engaging in union activities.
WE WILL NOT threaten our employees with reprisals,
including the sale of a facility or layoffs, for selecting
union representation.
WE WILL NOT interrogate our employees concerning
their union sentiments or activities or those of other em-
ployees.
WE WILL NOT create the impression that our em-
ployees’ union activities are under surveillance by us.
WE WILL NOT announce or grant our employees
wage increases timed to defeat union organizing cam-
paigns, or blame the delay of approved wage increases
on the union.
WE WILL NOT enforce a lawful no-solicitation, bulle-
tin board or dress code policy against union activity
while permitting comparable anti-union or nonunion-
related activity.
WE WILL NOT solicit our employees to retrieve their
union authorization cards, sign anti-union petitions, or
promote the formation of independent unions.
WE WILL NOT tell our employees that their suspen-
sions are related to their union activity.
WE WILL NOT discharge, suspend, discipline, or oth-
erwise discriminate against our employees because they
engage in union activity.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to recognize and
bargain with that union as required by law.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, unilaterally change
terms and conditions of employment without prior notice
to and affording an opportunity to bargain to our em-
ployees’ designated collective-bargaining representative.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to meet and bar-
gain with our employees’ designated collective-
bargaining representative concerning grievances, or by-
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
728
pass the designated collective-bargaining representative
and deal directly with our employees.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to furnish the
designated collective-bargaining representative with in-
formation necessary and relevant to its collective-
bargaining functions.
WE WILL NOT in any other manner interfere with, re-
strain, or coerce our employees in the exercise of their
Section 7 rights.
WE WILL, within 14 days from the date of the Board’s
Order, offer Nelia Aldape full reinstatement to her for-
mer job or, if that job no longer exists, to a substantially
equivalent position, without prejudice to her seniority or
any other rights and privileges previously enjoyed.
WE WILL make whole, commencing from the date of
her unlawful suspension and discharge, employee Nelia
Aldape for any loss of earnings and other benefits suf-
fered resulting from her discharge, less any net interim
earnings, plus interest.
WE WILL, within 14 days from the date of the Board’s
Order, remove from our files any reference to the unlaw-
ful discharge or suspension of Nelia Aldape, and WE
WILL, within 3 days thereafter, notify her in writing that
this has been done and that the discharge or suspension
will not be used against her in any way.
WE WILL rescind the other suspension and warning
we discriminatorily issued and make whole the employee
for the loss of wages and benefits, and WE WILL make
whole our employees from whom a wage increase was
unlawfully withheld, and WE WILL otherwise address
all of the unlawful conduct.
BEVERLY CALIFORNIA CORPORATION
F/K/A
BEVERLY
ENTERPRISES,
ITS
OPERATING
DIVI-SIONS,
REGIONS,
WHOLLY-OWNED SUB-SIDIARIES AND
INDIVIDUAL FACILITIES AND EACH OF
THEM
APPENDIX IX
(Slayton Manor Nursing Home Facility)
NOTICE TO EMPLOYEES
This Notice has been posted as a result of a long series of
cases brought by various unions and individuals against
Beverly before the National Labor Relations Board. In
these cases, the NLRB, based upon Beverly’s recurring
violations of the National Labor Relations Act, issued an
order requiring Beverly to cease and desist from continuing
in such unlawful conduct, not only at the nursing homes
which were involved in the series of proceedings, but also at
all other Beverly nursing homes. The United States Court
of Appeals for the Seventh Circuit, after reviewing all of the
testimony and evidence, directed Beverly to cease and desist
from its unlawful conduct at any of its nursing homes, to
provide backpay and other relief to all of the employees
affected by its conduct, and to post this Notice to employees
at all Beverly nursing homes nationwide.
Section 7 of the National Labor Relations Act gives em-
ployees the following rights.
To engage in self-organization
To form, join, or assist labor organizations
To bargain collectively through representatives
of their own choosing
To act together for collective bargaining or other
mutual aid or protection
To refrain from any or all such activities.
In recognition of these rights, we hereby notify our employ-
ees that:
WE WILL NOT threaten our employees with disci-
pline, loss of their licenses or jobs, or any other retalia-
tion, for engaging in union activities.
WE WILL NOT threaten our employees with reprisals,
including the sale of a facility or layoffs, for selecting
union representation.
WE WILL interrogate our employees concerning their
union sentiments or activities or those of other employ-
ees.
WE WILL NOT create the impression that our em-
ployees’ union activities are under surveillance by us.
WE WILL NOT announce or grant our employees
wage increases timed to defeat union organizing cam-
paigns, or blame the delay of approved wage increases
on the union.
WE WILL NOT post or promulgate unlawfully broad
no-solicitation or no-distribution rules.
WE WILL NOT forbid lawful solicitation or distribu-
tion on behalf of unions during nonwork time and in
nonpatient care areas.
WE WILL NOT enforce a lawful no-solicitation, bulle-
tin board or dress code policy against union activity
while permitting comparable anti-union or nonunion-
related activity.
WE WILL NOT solicit our employees to retrieve their
union authorization cards, sign anti-union petitions, or
promote the formation of independent unions.
WE WILL NOT solicit and adjust employee com-
plaints and grievances during union organizing cam-
paigns.
WE WILL NOT discipline or otherwise discriminate
against our employees because they engage in union ac-
tivity.
BEVERLY CALIFORNIA CORP.
729
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to recognize and
bargain with that union as required by law.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, unilaterally change
terms and conditions of employment without prior notice
to and affording an opportunity to bargain to our em-
ployees’ designated collective-bargaining representative.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to meet and bar-
gain with our employees’ designated collective-
bargaining representative concerning grievances, or by-
pass the designated collective-bargaining representative
and deal directly with our employees.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to furnish the
designated collective-bargaining representative with in-
formation necessary and relevant to its collective-
bargaining functions.
WE WILL NOT in any other manner interfere with, re-
strain, or coerce our employees in the exercise of their
Section 7 rights.
WE WILL rescind the suspension and warning we dis-
criminatorily issued and make whole the employee for
the loss of wages and benefits, and WE WILL make
whole our employees from whom a wage increase was
unlawfully withheld, and WE WILL otherwise address
all of the unlawful conduct.
BEVERLY CALIFORNIA CORPORATION
F/K/A
BEVERLY
ENTERPRISES,
ITS
OPERATING
DIVI-SIONS,
REGIONS,
WHOLLY-OWNED SUB-SIDIARIES AND
INDIVIDUAL FACILITIES AND EACH OF
THEM
APPENDIX X
(Kewaunee Health Care Facility)
NOTICE TO EMPLOYEES
This Notice has been posted as a result of a long series of
cases brought by various unions and individuals against
Beverly before the National Labor Relations Board. In
these cases, the NLRB, based upon Beverly’s recurring
violations of the National Labor Relations Act, issued an
order requiring Beverly to cease and desist from continuing
in such unlawful conduct, not only at the nursing homes
which were involved in the series of proceedings, but also at
all other Beverly nursing homes. The United States Court
of Appeals for the Seventh Circuit, after reviewing all of the
testimony and evidence, directed Beverly to cease and desist
from its unlawful conduct at any of its nursing homes, to
provide backpay and other relief to all of the employees
affected by its conduct, and to post this Notice to employees
at all Beverly nursing homes nationwide.
Section 7 of the National Labor Relations Act gives em-
ployees the following rights
To engage in self-organization
To form, join, or assist labor organizations
To bargain collectively through representatives
of their own choosing
To act together for collective bargaining or other
mutual aid or protection
To refrain from any or all such activities.
In recognition of these rights, we hereby notify our employ-
ees that:
WE WILL NOT threaten our employees with disci-
pline, loss of their licenses or jobs, or any other retalia-
tion, for engaging in union activities, including distribu-
tion of union literature.
WE WILL NOT threaten our employees with reprisals,
including the sale of a facility or layoffs, for selecting
union representation.
WE WILL NOT interrogate our employees concerning
their union sentiments or activities or those of other em-
ployees.
WE WILL NOT create the impression that our em-
ployees’ union activities are under surveillance by us.
WE WILL NOT announce or grant our employees
wage increases timed to defeat union organizing cam-
paigns, or blame the delay of approved wage increases
on the union.
WE WILL NOT enforce a lawful no-solicitation, bulle-
tin board or dress code policy against union activity
while permitting comparable anti-union or nonunion-
related activity.
WE WILL NOT solicit our employees to retrieve their
union authorization cards, sign anti-union petitions, or
promote the formation of independent unions.
WE WILL NOT discipline or otherwise discriminate
against our employees because they engage in union ac-
tivity.
WE WILL NOT fail to recognize and bargain with our
employees’ designated collective-bargaining representa-
tive as required by law.
WE WILL NOT unilaterally change terms and condi-
tions of employment without prior notice to and afford-
ing an opportunity to bargain to our employees’ desig-
nated collective-bargaining representative.
WE WILL NOT fail to meet and bargain with our em-
ployees’ designated collective-bargaining representative
concerning grievances, or bypass the designated collec-
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
730
tive-bargaining representative and deal directly with our
employees.
WE WILL NOT fail to furnish the designated collec-
tive-bargaining representative with information neces-
sary and relevant to its collective-bargaining functions.
WE WILL NOT in any other manner interfere with, re-
strain, or coerce our employees in the exercise of their
Section 7 rights.
WE WILL rescind the suspension and warning we dis-
criminatorily issued and make whole the employee for
the loss of wages and benefits, and WE WILL make
whole our employees from whom a wage increase was
unlawfully withheld, and WE WILL otherwise address
all of the unlawful conduct.
BEVERLY CALIFORNIA CORPORATION
F/K/A
BEVERLY
ENTERPRISES,
ITS
OPERATING
DIVI-SIONS,
REGIONS,
WHOLLY-OWNED SUB-SIDIARIES AND
INDIVIDUAL FACILITIES AND EACH OF
THEM
APPENDIX XI
(Beverly Health Care Center Facility)
NOTICE TO EMPLOYEES
This Notice has been posted as a result of a long series of
cases brought by various unions and individuals against
Beverly before the National Labor Relations Board. In
these cases, the NLRB, based upon Beverly’s recurring
violations of the National Labor Relations Act, issued an
order requiring Beverly to cease and desist from continuing
in such unlawful conduct, not only at the nursing homes
which were involved in the series of proceedings, but also at
all other Beverly nursing homes. The United States Court
of Appeals for the Seventh Circuit, after reviewing all of the
testimony and evidence, directed Beverly to cease and desist
from its unlawful conduct at any of its nursing homes, to
provide backpay and other relief to all of the employees
affected by its conduct, and to post this Notice to employees
at all Beverly nursing homes nationwide.
Section 7 of the National Labor Relations Act gives em-
ployees the following rights.
To engage in self-organization
To form, join, or assist labor organizations
To bargain collectively through representatives
of their own choosing
To act together for collective bargaining or other
mutual aid or protection
To refrain from any or all such activities.
In recognition of these rights, we hereby notify our employ-
ees that:
WE WILL NOT threaten our employees with dis-
charge, discipline, loss of their licenses or jobs, or any
other retaliation, for engaging in union activities, includ-
ing strikes and picketing.
WE WILL NOT threaten our employees with reprisals,
including the sale of a facility or layoffs, for selecting
union representation.
WE WILL NOT interrogate our employees concerning
their union sentiments or activities or those of other em-
ployees.
WE WILL NOT create the impression that our em-
ployees’ union activities are under surveillance by us.
WE WILL NOT announce or grant our employees
wage increases timed to defeat union organizing cam-
paigns, or blame the delay of approved wage increases
on the union.
WE WILL NOT enforce a lawful no-solicitation, bulle-
tin board or dress code policy against union activity
while permitting comparable anti-union or nonunion-
related activity.
WE WILL NOT solicit our employees to retrieve their
union authorization cards, sign anti-union petitions, or
promote the formation of independent unions.
WE WILL NOT promise benefits, including rescission
of disciplinary action for crossing union picket lines to
come to work.
WE WILL NOT discharge, discipline, or otherwise dis-
criminate against our employees because they engage in
union activity.
WE WILL NOT fail to recognize and bargain with our
employees’ collective-bargaining representative as re-
quired by law.
WE WILL NOT unilaterally change terms and condi-
tions of employment without prior notice to and afford-
ing an opportunity to bargain with employees’ desig-
nated collective-bargaining representative.
WE WILL NOT fail to meet and bargain with our em-
ployees’ designated collective-bargaining representative
concerning grievances, or bypass the designated collec-
tive-bargaining representative and deal directly with our
employees.
WE WILL NOT fail to furnish the designated collec-
tive-bargaining representative with information neces-
sary and relevant to its collective-bargaining functions.
WE WILL NOT in any other manner interfere with, re-
strain, or coerce our employees in the exercise of their
Section 7 rights.
WE WILL, within 14 days from the date of the Board’s
Order, offer Cathy Lewis full reinstatement to her former
job or, if that job no longer exists, to a substantially
equivalent position, without prejudice to her seniority or
any other rights and privileges previously enjoyed.
BEVERLY CALIFORNIA CORP.
731
WE WILL make whole, commencing from the date of
her unlawful discharge, employee Cathy Lewis for any
loss of earnings and other benefits resulting from her
discharge, less any net interim earnings, plus interest.
WE WILL, within 14 days from the date of the Board’s
Order, remove from our files any reference to the unlaw-
ful discharge of Cathy Lewis, and WE WILL, within 3
days thereafter, notify her in writing that this has been
done and that the discharge will not be used against her
in any way.
WE WILL rescind the suspension and warning we dis-
criminatorily issued and make whole the employee for
the loss of wages and benefits, and WE WILL make
whole our employees from whom a wage increase was
unlawfully withheld, and WE WILL otherwise address
all of the unlawful conduct.
BEVERLY CALIFORNIA CORPORATION
F/K/A
BEVERLY
ENTERPRISES,
ITS
OPERATING
DIVI-SIONS,
REGIONS,
WHOLLY-OWNED SUB-SIDIARIES AND
INDIVIDUAL FACILITIES AND EACH OF
THEM
APPENDIX XII
(Richland Manor Facility)
NOTICE TO EMPLOYEES
This Notice has been posted as a result of a long series of
cases brought by various unions and individuals against
Beverly before the National Labor Relations Board. In
these cases, the NLRB, based upon Beverly’s recurring
violations of the National Labor Relations Act, issued an
order requiring Beverly to cease and desist from continuing
in such unlawful conduct, not only at the nursing homes
which were involved in the series of proceedings, but also at
all other Beverly nursing homes. The United States Court
of Appeals for the Seventh Circuit, after reviewing all of the
testimony and evidence, directed Beverly to cease and desist
from its unlawful conduct at any of its nursing homes, to
provide backpay and other relief to all of the employees
affected by its conduct, and to post this Notice to employees
at all Beverly nursing homes nationwide.
Section 7 of the National Labor Relations Act gives em-
ployees the following rights.
To engage in self-organization
To form, join, or assist labor organizations
To bargain collectively through representatives
of their own choosing
To act together for collective bargaining or other
mutual aid or protection
To refrain from any or all such activities.
In recognition of these rights, we hereby notify our employ-
ees that:
WE WILL NOT threaten our employees with disci-
pline, loss of their licenses or jobs, or any other retalia-
tion, for engaging in union activities.
WE WILL NOT threaten our employees with reprisals,
including the sale of a facility or layoffs, for selecting
union representation.
WE WILL NOT interrogate our employees concerning
their union sentiments or activities or those of other em-
ployees.
WE WILL NOT create the impression that our em-
ployees’ union activities are under surveillance by us.
WE WILL NOT announce or grant our employees
wage increases timed to defeat union organizing cam-
paigns, or blame the delay of approved wage increases
on the union.
WE WILL NOT enforce a lawful no-solicitation, bulle-
tin board or dress code policy against union activity
while permitting comparable anti-union or nonunion-
related activity.
WE WILL NOT solicit our employees to retrieve their
union authorization cards, sign anti-union petitions, or
promote the formation of independent unions.
WE WILL NOT condition the payment of a wage in-
crease on the withdrawal of unfair labor practice charges.
WE WILL NOT discipline or otherwise discriminate
against our employees because they engage in union ac-
tivity.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to recognize and
bargain with that union as required by law.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, unilaterally change
terms and conditions of employment without prior notice
to and affording an opportunity to bargain to our em-
ployees’ designated collective-bargaining representative.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to meet and bar-
gain with our employees’ designated collective-
bargaining representative concerning grievances, or by-
pass the designated collective-bargaining representative
and deal directly with our employees.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to furnish the
designated collective-bargaining representative with in-
formation necessary and relevant to its collective-
bargaining functions.
WE WILL NOT in any other manner interfere with, re-
strain, or coerce our employees in the exercise of their
Section 7 rights.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
732
WE WILL rescind the suspension and warning we dis-
criminatorily issued and make whole the employee for
the loss of wages and benefits, and WE WILL make
whole our employees from whom a wage increase was
unlawfully withheld, and WE WILL otherwise address
all of the unlawful conduct.
BEVERLY CALIFORNIA CORPORATION
F/K/A
BEVERLY
ENTERPRISES,
ITS
OPERATING
DIVI-SIONS,
REGIONS,
WHOLLY-OWNED SUB-SIDIARIES AND
INDIVIDUAL FACILITIES AND EACH OF
THEM
APPENDIX XIII
(Beverly Manor Facility)
NOTICE TO EMPLOYEES
This Notice has been posted as a result of a long series of
cases brought by various unions and individuals against
Beverly before the National Labor Relations Board. In
these cases, the NLRB, based upon Beverly’s recurring
violations of the National Labor Relations Act, issued an
order requiring Beverly to cease and desist from continuing
in such unlawful conduct, not only at the nursing homes
which were involved in the series of proceedings, but also at
all other Beverly nursing homes. The United States Court
of Appeals for the Seventh Circuit, after reviewing all of the
testimony and evidence, directed Beverly to cease and desist
from its unlawful conduct at any of its nursing homes, to
provide backpay and other relief to all of the employees
affected by its conduct, and to post this Notice to employees
at all Beverly nursing homes nationwide.
Section 7 of the National Labor Relations Act gives em-
ployees the following rights.
To engage in self-organization
To form, join, or assist labor organizations
To bargain collectively through representatives
of their own choosing
To act together for collective bargaining or other
mutual aid or protection
To refrain from any or all such activities.
In recognition of these rights, we hereby notify our employ-
ees that:
WE WILL NOT threaten our employees with disci-
pline, loss of their licenses or jobs, or any other retalia-
tion, for engaging in union activities.
WE WILL NOT threaten our employees with reprisals,
including the sale of a facility or layoffs, for selecting
union representation.
WE WILL NOT interrogate our employees concerning
their union sentiments or activities or those of other em-
ployees.
WE WILL NOT create the impression that our em-
ployees’ union activities are under surveillance by us.
BEVERLY CALIFORNIA CORP.
733
WE WILL NOT announce or grant our employees
wage increases timed to defeat union organizing cam-
paigns, or blame the delay of approved wage increases
on the union.
WE WILL NOT enforce a lawful no-solicitation, bulle-
tin board or dress code policy against union activity
while permitting comparable anti-union or nonunion-
related activity.
WE WILL NOT solicit our employees to retrieve their
union authorization cards, sign anti-union petitions, sign
and/or circulate decertification petitions, or promote the
formation of independent unions.
WE WILL NOT assault union representatives or dele-
gates.
WE WILL NOT tell employees that union representa-
tives or delegates will be killed.
WE WILL NOT discharge, discipline, or otherwise dis-
criminate against our employees because they engage in
union activity.
WE WILL NOT fail to recognize and gain with our
employees’ designated collective-bargaining representa-
tive as required by law.
WE WILL NOT unilaterally change terms and condi-
tions of employment without prior notice to and afford-
ing an opportunity to bargain to our employees’ desig-
nated collective-bargaining representative.
WE WILL NOT fail to meet and bargain with our em-
ployees’ designated collective-bargaining representative
concerning grievances, or bypass the designated collec-
tive-bargaining representative and deal directly with our
employees.
WE WILL NOT fail to furnish the designated collec-
tive-bargaining representative with information neces-
sary and relevant to its collective-bargaining functions.
WE WILL NOT in any other manner interfere with, re-
strain, or coerce our employees in the exercise of their
Section 7 rights.
WE WILL, within 14 days from the date of the Board’s
Order, offer Johnny Scott full reinstatement to his former
job or, if that job no longer exist, to a substantially
equivalent position, without prejudice to his seniority or
any other rights and privileges previously enjoyed.
WE WILL make whole, commencing from the date of
his unlawful discharge, Johnny Scott for any loss of earn-
ings and other benefits suffered resulting from discharge,
less any net interim earnings, plus interest.
WE WILL, within 14 days from the date of the Board’s
Order, remove from our files any reference to the dis-
charge of Johnny Scott, and WE WILL, within 3 days
thereafter, notify him in writing that this has been done
and that the discharge will not be used against him in any
way.
WE WILL rescind the suspension and warning we dis-
criminatorily issued and make whole the employee for
the loss of wages and benefits, and WE WILL make
whole our employees from whom a wage increase was
unlawfully withheld, and WE WILL otherwise address all
of the unlawful conduct.
BEVERLY CALIFORNIA CORPORATION
F/K/A
BEVERLY
ENTERPRISES,
ITS
OPERATING
DIVI-SIONS,
REGIONS,
WHOLLY-OWNED SUB-SIDIARIES AND
INDIVIDUAL FACILITIES AND EACH OF
THEM
APPENDIX XIV
(Duke Convalescent Facility)
NOTICE TO EMPLOYEES
This Notice has been posted as a result of a long series of
cases brought by various unions and individuals against
Beverly before the National Labor Relations Board. In
these cases, the NLRB, based upon Beverly’s recurring
violations of the National Labor Relations Act, issued an
order requiring Beverly to cease and desist from continuing
in such unlawful conduct, not only at the nursing homes
which were involved in the series of proceedings, but also at
all other Beverly nursing homes. The United States Court
of Appeals for the Seventh Circuit, after reviewing all of the
testimony and evidence, directed Beverly to cease and desist
from its unlawful conduct at any of its nursing homes, to
provide backpay and other relief to all of the employees
affected by its conduct, and to post this Notice to employees
at all Beverly nursing homes nationwide.
Section 7 of the National Labor Relations Act gives em-
ployees the following rights.
To engage in self-organization
To form, join, or assist labor organizations
To bargain collectively through representatives
of their own choosing
To act together for collective bargaining or other
mutual aid or protection
To refrain from any or all such activities.
In recognition of these rights, we hereby notify our employ-
ees that:
WE WILL NOT threaten our employees with discipline
and/or discharge, loss of their licenses or jobs, or any
other retaliation, for engaging in union activities.
WE WILL NOT threaten our employees with reprisals,
including the sale of a facility or layoffs, for selecting
union representation.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
734
WE WILL NOT interrogate our employees concerning
their union sentiments or activities or those of other em-
ployees.
WE WILL NOT create the impression that our em-
ployees’ union activities are under surveillance by us.
WE WILL NOT announce or grant our employees
wage increases timed to defeat union organizing cam-
paigns, or blame the delay of approved wage increases
on the union.
WE WILL NOT forbid lawful solicitation or distribu-
tion on behalf of unions during nonwork time and in
nonpatient care areas.
WE WILL NOT enforce a lawful no-solicitation, bulle-
tin board or dress code policy against union activity
while permitting comparable anti-union or nonunion-
related activity.
WE WILL NOT solicit our employees to retrieve their
union authorization cards, sign anti-union petitions, or
promote the formation of independent unions.
WE WILL NOT order the removal from the facility of
employee coffee mugs bearing union logos.
WE WILL NOT discharge, suspend, or impose any
disciplinary action on employees, including written
warnings, because the employees engage in union activ-
ity.
WE WILL NOT fail to recognize and bargain with our
employees’ designated collective-bargaining representa-
tive as required by law.
WE WILL NOT unilaterally change terms and condi-
tions of employment without prior notice to and afford-
ing an opportunity to bargain to our employees’ desig-
nated collective-bargaining representative.
WE WILL NOT fail to meet and bargain with our em-
ployees’ designated collective-bargaining representative
concerning grievances, or bypass the designated collec-
tive-bargaining representative and deal directly with our
employees.
WE WILL NOT fail to furnish the designated collec-
tive-bargaining representative with information neces-
sary and relevant to its collective-bargaining functions.
WE WILL NOT in any other manner interfere with, re-
strain, or coerce our employees in the exercise of their
Section 7 rights.
WE WILL, within 14 days from the date of the Board’s
Order, offer employee Amy Johnson full reinstatement to
her former job or, if that job no longer exists, to a sub-
stantially equivalent position, without prejudice to her
seniority or any other rights and privileges previously
enjoyed.
WE WILL make whole, commencing from the date of
their unlawful discharges or suspensions as the case may
be, the employees Amy Johnson and Valerie Faulkner,
unlawfully suspended for any loss of earnings and other
benefits suffered resulting from their discharges or sus-
pensions, less any net interim earnings, plus interest.
WE WILL, within 14 days from the date of the Board’s
Order, remove from our files any reference to the unlaw-
ful discharges and suspensions of Amy Johnson and Val-
erie Faulkner, and WE WILL, within 3 days thereafter,
notify them in writing that this has been done and that
their discharges and suspensions will not be used against
them in any way.
WE WILL rescind the other suspension and warning
we discriminatorily issued and make whole the employee
for the loss of wages and benefits, and WE WILL make
whole our employees from whom a wage increase was
unlawfully withheld, and WE WILL otherwise address
all of the unlawful conduct.
BEVERLY CALIFORNIA CORPORATION
F/K/A
BEVERLY
ENTERPRISES,
ITS
OPERATING
DIVI-SIONS,
REGIONS,
WHOLLY-OWNED SUB-SIDIARIES AND
INDIVIDUAL FACILITIES AND EACH OF
THEM
APPENDIX XV
(Carpenter Care Center Facility)
NOTICE TO EMPLOYEES
This Notice has been posted as a result of a long series of
cases brought by various unions and individuals against
Beverly before the National Labor Relations Board. In
these cases, the NLRB, based upon Beverly’s recurring
violations of the National Labor Relations Act, issued an
order requiring Beverly to cease and desist from continuing
in such unlawful conduct, not only at the nursing homes
which were involved in the series of proceedings, but also at
all other Beverly nursing homes. The United States Court
of Appeals for the Seventh Circuit, after reviewing all of the
testimony and evidence, directed Beverly to cease and desist
from its unlawful conduct at any of its nursing homes, to
provide backpay and other relief to all of the employees
affected by its conduct, and to post this Notice to employees
at all Beverly nursing homes nationwide
Section 7 of the National Labor Relations Act gives em-
ployees the following rights.
To engage in self-organization
To form, join, or assist labor organizations
To bargain collectively through representatives
of their own choosing
To act together for collective bargaining or other
mutual aid or protection
To refrain from any or all such activities.
BEVERLY CALIFORNIA CORP.
735
In recognition of these rights, we hereby notify our employ-
ees that:
WE WILL NOT threaten our employees with disci-
pline, loss of their licenses or jobs, or any other retalia-
tion, for engaging in union activities.
WE WILL NOT threaten our employees with reprisals,
including the sale of a facility or layoffs, for selecting
union representation.
WE WILL NOT interrogate our employees concerning
their union sentiments or activities or those of other em-
ployees.
WE WILL NOT create the impression that our em-
ployees’ union activities are under surveillance by us.
WE WILL NOT announce or grant our employees
wage increases timed to defeat union organizing cam-
paigns, or blame the delay of approved wage increases
on the union.
WE WILL NOT enforce a lawful no-solicitation, bulle-
tin board or dress code policy against union activity
while permitting comparable anti-union or nonunion-
related activity.
WE WILL NOT solicit our employees to retrieve their
union authorization cards, sign anti-union petitions, or
promote the formation of independent unions.
WE WILL NOT suspend or impose any disciplinary
action, including issuing written warnings, oral warnings,
or transfers, or otherwise discriminate against our em-
ployees because they engage in union activity.
WE WILL NOT fail to recognize and bargain with our
employees’ designated collective-bargaining representa-
tive as required by law.
WE WILL NOT unilaterally change terms and condi-
tions of employment, including implementing changes in
our policy of immediately reimbursing employees for the
purchase of prescription drugs, without prior notice to
and affording an opportunity to bargain to our employ-
ees’ designated collective-bargaining representative.
WE WILL NOT fail to meet and bargain with our em-
ployees’ designated collective-bargaining representative
concerning grievances, or bypass the designated collec-
tive-bargaining representative and deal directly with our
employees.
WE WILL NOT fail to furnish the designated collec-
tive-bargaining representative with information neces-
sary and relevant to its collective-bargaining functions.
WE WILL NOT in any other manner interfere with, re-
strain, or coerce our employees in the exercise of their
Section 7 rights.
WE WILL, within 14 days from the date of the
Board’s Order, remove from our files any reference to
the unlawful disciplinary actions taken against Alice Ad-
ams, Esther Bennett, Charles Benninger, Amanda Brad-
ish, Jennifer Buckingham, Patt Carr, Suzanne Clearwa-
ter, Betty Cona, Helen Evans, Carolyn Ferguson, An-
toinette Gorko, Donna Hollister, Karen Holsopple,
Sharon Karp, Herman Kathi, Lori King, Deborah Kint-
ner, Dawn Kisner, Linda Krill, David Lewis, Marie
Meador, Dorothy Moskowitz, Allison Reaves, Debra
Redmond, Chris Sheridan, Lorraine Zelenka, and Mary
Zone, and, WE WILL, within 3 days thereafter, notify
them in writing that this has been done and that their
unlawful disciplines will not be used against them in any
way.
WE WILL, on request, rescind the unilateral discon-
tinuance of our policy of immediately reimbursing em-
ployees for the purchase of prescription drugs.
WE WILL, on request, bargain in good faith concern-
ing wages, hours, and other terms and conditions of em-
ployment with the Union selected by our employees as
their collective-bargaining representative, including bar-
gaining before making any changes in our policy of im-
mediately reimbursing employees for the purchase of
prescription drugs.
WE WILL, on request, furnish to the Union informa-
tion that is relevant and necessary to its role as exclusive
bargaining representative of the unit employees.
WE WILL rescind the suspension and warning we dis-
criminatorily issued and make whole the employee for
the loss of wages and benefits, and WE WILL make
whole our employees from whom a wage increase was
unlawfully withheld, and WE WILL otherwise address
all of the unlawful conduct.
BEVERLY CALIFORNIA CORPORATION
F/K/A
BEVERLY
ENTERPRISES,
ITS
OPERATING
DIVI-SIONS,
REGIONS,
WHOLLY-OWNED SUB-SIDIARIES AND
INDIVIDUAL FACILITIES AND EACH OF
THEM
APPENDIX XVI
(Stroud Manor Facility)
NOTICE TO EMPLOYEES
This Notice has been posted as a result of a long series of
cases brought by various unions and individuals against
Beverly before the National Labor Relations Board. In
these cases, the NLRB, based upon Beverly’s recurring
violations of the National Labor Relations Act, issued an
order requiring Beverly to cease and desist from continuing
in such unlawful conduct, not only at the nursing homes
which were involved in the series of proceedings, but also at
all other Beverly nursing homes. The United States Court
of Appeals for the Seventh Circuit, after reviewing all of the
testimony and evidence, directed Beverly to cease and desist
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
736
from its unlawful conduct at any of its nursing homes, to
provide backpay and other relief to all of the employees
affected by its conduct, and to post this Notice to employees
at all Beverly nursing homes nationwide.
Section 7 of the National Labor Relations Act gives em-
ployees the following rights.
To engage in self-organization
To form, join, or assist labor organizations
To bargain collectively through representatives
of their own choosing
To act together for collective bargaining or other
mutual aid or protection
To refrain from any or all such activities.
In recognition of these rights, we hereby notify our employ-
ees that:
WE WILL NOT threaten our employees with disci-
pline, loss of their licenses or jobs, or any other retalia-
tion for engaging in union activities.
WE WILL NOT threaten our employees with reprisals,
including the sale of a facility or layoffs, for selecting
union representation.
WE WILL NOT interrogate our employees concerning
their union sentiments or activities or those of other em-
ployees.
WE WILL NOT create the impression that our em-
ployees’ union activities are under surveillance by us.
WE WILL NOT announce or grant our employees
wage increases timed to defeat union organizing cam-
paigns, or blame the delay of approved wage increases
on the union.
WE WILL NOT enforce a lawful no-solicitation, bulle-
tin board or dress code policy against union activity
while permitting comparable anti-union or nonunion-
related activity.
WE WILL NOT solicit our employees to retrieve their
union authorization cards, sign anti-union petitions, or
promote the formation of independent unions.
WE WILL NOT solicit and adjust employee com-
plaints and grievances during union organizing cam-
paigns.
WE WILL NOT promise to expedite the receipt of em-
ployee benefits, including tuition reimbursement.
WE WILL NOT discipline or otherwise discriminate
against our employees because they engage in union ac-
tivity.
WE WILL NOT fail to recognize and bargain with our
employees’ designated collective-bargaining representa-
tive as required by law.
WE WILL NOT unilaterally change terms and condi-
tions of employment, including withholding annual wage
increases, without prior notice to and affording an oppor-
tunity to bargain to our employees’ designated collec-
tive-bargaining representative.
WE WILL NOT fail to meet and bargain with our em-
ployees’ designated collective-bargaining representative
concerning grievances, or bypass the designated collec-
tive-bargaining representative and deal directly with our
employees.
WE WILL NOT fail to furnish the designated collec-
tive-bargaining representative with information neces-
sary and relevant to its collective-bargaining functions.
WE WILL NOT in any other manner interfere with, re-
strain, or coerce our employees in the exercise of their
Section 7 rights.
WE WILL, upon request, bargain in good faith con-
cerning wages, hours, and other terms and conditions of
employment with any union selected by its employees as
their collective-bargaining representative, including bar-
gaining before withholding annual wage increases.
WE WILL, on request by the Union, reinstate annual
wage increases.
WE WILL make whole the employees in the appropri-
ate unit for any losses they may have suffered by reason
of the unilateral withholding of annual wage increases
which employees would have received.
WE WILL rescind the suspension and warning we dis-
criminatorily issued and make whole the employee for
the loss of wages and benefits, and WE WILL make
whole our employees from whom any other wage in-
crease was unlawfully withheld, and WE WILL other-
wise address all of the unlawful conduct.
BEVERLY CALIFORNIA CORPORATION
F/K/A
BEVERLY
ENTERPRISES,
ITS
OPERATING
DIVI-SIONS,
REGIONS,
WHOLLY-OWNED SUB-SIDIARIES AND
INDIVIDUAL FACILITIES AND EACH OF
THEM
APPENDIX XVII
(Valley Care and Guidance Center Facility)
NOTICE TO EMPLOYEES
This Notice has been posted as a result of a long series of
cases brought by various unions and individuals against
Beverly before the National Labor Relations Board. In
these cases, the NLRB, based upon Beverly’s recurring
violations of the National Labor Relations Act, issued an
order requiring Beverly to cease and desist from continuing
in such unlawful conduct, not only at the nursing homes
which were involved in the series of proceedings, but also at
all other Beverly nursing homes. The United States Court
of Appeals for the Seventh Circuit, after reviewing all of the
BEVERLY CALIFORNIA CORP.
737
testimony and evidence, directed Beverly to cease and desist
from its unlawful conduct at any of its nursing homes, to
provide backpay and other relief to all of the employees
affected by its conduct, and to post this Notice to employees
at all Beverly nursing homes nationwide.
Section 7 of the National Labor Relations Act gives em-
ployees the following rights.
To engage in self-organization
To form, join, or assist labor organizations
To bargain collectively through representatives
of their own choosing
To act together for collective bargaining or other
mutual aid or protection
To refrain from any or all such activities.
In recognition of these rights, we hereby notify our employ-
ees that:
WE WILL NOT threaten our employees with disci-
pline, loss of their licenses or jobs, or any other retalia-
tion, for engaging in union activities.
WE WILL NOT threaten our employees with reprisals,
including the sale of a facility or layoffs, for selecting
union representation.
WE WILL NOT interrogate our employees concerning
their union sentiments or activities or those of other em-
ployees.
WE WILL NOT create the impression that our em-
ployees’ union activities are under surveillance by us.
WE WILL NOT announce or grant our employees
wage increases timed to defeat union organizing cam-
paigns, or blame the delay of approved wage increases
on the union.
WE WILL NOT enforce a lawful no-solicitation, bulle-
tin board or dress code policy against union activity
while permitting comparable anti-union or nonunion-
related activity.
WE WILL NOT solicit our employees to retrieve their
union authorization cards, sign anti-union petitions, sign
and/or circulate decertification petitions, or promote the
formation of independent unions.
WE WILL NOT tell employees that union organization
is futile.
WE WILL NOT demand immediate repayment of
loans in retaliation for joining a union.
WE WILL NOT tell employees that other employees
had been solicited and paid to vandalize the property,
including automobiles, of union supporters.
WE WILL NOT discipline or otherwise discriminate
against our employees because they engage in union ac-
tivity.
WE WILL NOT fail to recognize and bargain with our
employees’ designated collective-bargaining representa-
tive as required by law.
WE WILL NOT fail and refuse to bargain in good faith
and withdraw recognition from the Union selected by our
employees as their collective-bargaining representative.
WE WILL NOT unilaterally change terms and condi-
tions of employment without prior notice to and afford-
ing an opportunity to bargain to our employees’ desig-
nated collective-bargaining representative.
WE WILL NOT fail to meet and bargain with our em-
ployees’ designated collective-bargaining representative
concerning grievances, or bypass the designated collec-
tive-bargaining representative and deal directly with our
employees.
WE WILL NOT fail to furnish the designated collec-
tive-bargaining representative with information neces-
sary and relevant to its collective-bargaining functions.
WE WILL NOT in any other manner interfere with, re-
strain, or coerce our employees in the exercise of their
Section 7 rights.
WE WILL, on request, recognize and bargain in good
faith concerning wages, hours, and other terms and con-
ditions of employment with the Union selected by our
employees as their collective-bargaining representative.
WE WILL, on request, furnish to the Union, informa-
tion necessary and relevant to its role as the exclusive
collective bargaining representative of the unit employ-
ees.
WE WILL rescind the suspension and warning we dis-
criminatorily issued and make whole the employee for
the loss of wages and benefits, and WE WILL make
whole our employees from whom a wage increase was
unlawfully withheld, and WE WILL otherwise address
all of the unlawful conduct.
BEVERLY CALIFORNIA CORPORATION
F/K/A
BEVERLY
ENTERPRISES,
ITS
OPERATING
DIVI-SIONS,
REGIONS,
WHOLLY-OWNED SUB-SIDIARIES AND
INDIVIDUAL FACILITIES AND EACH OF
THEM
APPENDIX XVIII
(William Penn Nursing Center)
NOTICE TO EMPLOYEES
This Notice has been posted as a result of a long series of
cases brought by various unions and individuals against
Beverly before the National Labor Relations Board. In
these cases, the NLRB, based upon Beverly’s recurring
violations of the National Labor Relations Act, issued an
order requiring Beverly to cease and desist from continuing
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
738
in such unlawful conduct, not only at the nursing homes
which were involved in the series of proceedings, but also at
all other Beverly nursing homes. The United States Court
of Appeals for the Seventh Circuit, after reviewing all of the
testimony and evidence, directed Beverly to cease and desist
from its unlawful conduct at any of its nursing homes, to
provide backpay and other relief to all of the employees
affected by its conduct, and to post this Notice to employees
at all Beverly nursing homes nationwide.
Section 7 of the National Labor Relations Act gives em-
ployees the following rights.
To engage in self-organization
To form, join, or assist labor organizations
To bargain collectively through representatives
of their own choosing
To act together for collective bargaining or other
mutual aid or protection
To refrain from any or all such activities.
In recognition of these rights, we hereby notify our employ-
ees that:
WE WILL NOT threaten our employees with disci-
pline, loss of their licenses or jobs, or any other retalia-
tion, for engaging in union activities.
WE WILL NOT threaten our employees with reprisals,
including the sale of a facility or layoffs, for selecting
union representation.
WE WILL NOT interrogate our employees concerning
their union sentiments or activities or those of other em-
ployees.
WE WILL NOT create the impression that our em-
ployees’ union activities are under surveillance by us, by
indicating knowledge of our employees’ union activities
or in other ways.
WE WILL NOT announce or grant our employees
wage increases timed to defeat union organizing cam-
paigns, or blame the delay of approved wage increases
on the union.
WE WILL NOT enforce a lawful no-solicitation, bulle-
tin board or dress code policy against union activity
while permitting comparable anti-union or nonunion-
related activity.
WE WILL NOT solicit our employees to retrieve their
union authorization cards, sign anti-union petitions, or
promote the formation of independent unions.
WE WILL NOT engage in verbal harassment of em-
ployees because they engage in union activities.
WE WILL NOT discipline or otherwise discriminate
against our employees because they engage in union ac-
tivity.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to recognize and
bargain with that union as required by law.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, unilaterally change
terms and conditions of employment without prior notice
to and affording an opportunity to bargain to our em-
ployees’ designated collective-bargaining representative.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to meet and bar-
gain with our employees’ designated collective-
bargaining representative concerning grievances, or by-
pass the designated collective-bargaining representative
and deal directly with our employees.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to furnish the
designated collective-bargaining representative with in-
formation necessary and relevant to its collective-
bargaining functions.
WE WILL NOT in any other manner interfere with, re-
strain, or coerce our employees in the exercise of their
Section 7 rights.
WE WILL rescind the suspension and warning we dis-
criminatorily issued and make whole the employee for
the loss of wages and benefits, and WE WILL make
whole our employees from whom a wage increase was
unlawfully withheld, and WE WILL otherwise address
all of the unlawful conduct.
BEVERLY CALIFORNIA CORPORATION
F/K/A
BEVERLY
ENTERPRISES,
ITS
OPERATING
DIVI-SIONS,
REGIONS,
WHOLLY-OWNED SUB-SIDIARIES AND
INDIVIDUAL FACILITIES AND EACH OF
THEM
APPENDIX XIX
(Greenwood Health Center)
NOTICE TO EMPLOYEES
This Notice has been posted as a result of a long series of
cases brought by various unions and individuals against
Beverly before the National Labor Relations Board. In
these cases, the NLRB, based upon Beverly’s recurring
violations of the National Labor Relations Act, issued an
order requiring Beverly to cease and desist from continuing
in such unlawful conduct, not only at the nursing homes
which were involved in the series of proceedings, but also at
all other Beverly nursing homes. The United States Court
of Appeals for the Seventh Circuit, after reviewing all of the
testimony and evidence, directed Beverly to cease and desist
from its unlawful conduct at any of its nursing homes, to
provide backpay and other relief to all of the employees
BEVERLY CALIFORNIA CORP.
739
affected by its conduct, and to post this Notice to employees
at all Beverly nursing homes nationwide.
Section 7 of the National Labor Relations Act gives em-
ployees the following rights.
To engage in self-organization
To form, join, or assist labor organizations
To bargain collectively through representatives
of their own choosing
To act together for collective bargaining or other
mutual aid or protection
To refrain from any or all such activities.
In recognition of these rights, we hereby notify our employ-
ees that:
WE WILL NOT threaten our employees with discipline,
loss of their licenses or jobs, or any other retaliation, for
engaging in union activities.
WE WILL NOT threaten our employees with reprisals,
including the sale of a facility or layoffs, for selecting
union representation.
WE WILL NOT interrogate our employees concerning
their union sentiments or activities or those of other em-
ployees.
WE WILL NOT create the impression that our em-
ployees’ union activities are under surveillance by us.
WE WILL NOT announce or grant our employees
wage increases timed to defeat union organizing cam-
paigns, or blame the delay of approved wage increases
on the union.
WE WILL NOT enforce a lawful no-solicitation, bulle-
tin board or dress code policy against union activity
while permitting comparable anti-union or nonunion-
related activity.
WE WILL NOT solicit our employees to retrieve their
union authorization cards, sign anti-union petitions, or
promote the formation of independent unions.
WE WILL NOT discipline or otherwise discriminate
against our employees because they engage in union ac-
tivity.
WE WILL NOT fail to recognize and bargain with our
employees’ designated collective-bargaining representa-
tive as required by law.
WE WILL NOT unilaterally change terms and condi-
tions of employment without prior notice to and afford-
ing an opportunity to bargain to our employees’ desig-
nated collective-bargaining representative.
WE WILL NOT fail to meet and bargain with our em-
ployees’ designated collective-bargaining representative
concerning grievances, or bypass the designated collec-
tive-bargaining representative and deal directly with our
employees.
WE WILL NOT fail to furnish the designated collec-
tive-bargaining representative with information neces-
sary and relevant to its collective-bargaining functions.
WE WILL NOT in any other manner interfere with, re-
strain, or coerce our employees in the exercise of their
Section 7 rights.
WE WILL, on request, meet with and bargain with
designated collective-bargaining representatives in the
processing of grievances.
WE WILL rescind the suspension and warning we dis-
criminatorily issued and make whole the employee for
the loss of wages and benefits, and WE WILL make
whole our employees from whom a wage increase was
unlawfully withheld, and WE WILL otherwise address
all of the unlawful conduct.
BEVERLY CALIFORNIA CORPORATION
F/K/A
BEVERLY
ENTERPRISES,
ITS
OPERATING
DIVI-SIONS,
REGIONS,
WHOLLY-OWNED SUB-SIDIARIES AND
INDIVIDUAL FACILITIES AND EACH OF
THEM
APPENDIX XX
(Deltona Health Care Center)
NOTICE TO EMPLOYEES
This Notice has been posted as a result of a long series of
cases brought by various unions and individuals against
Beverly before the National Labor Relations Board. In
these cases, the NLRB, based upon Beverly’s recurring
violations of the National Labor Relations Act, issued an
order requiring Beverly to cease and desist from continuing
in such unlawful conduct, not only at the nursing homes
which were involved in the series of proceedings, but also at
all other Beverly nursing homes. The United States Court
of Appeals for the Seventh Circuit, after reviewing all of the
testimony and evidence, directed Beverly to cease and desist
from its unlawful conduct at any of its nursing homes, to
provide backpay and other relief to all of the employees
affected by its conduct, and to post this Notice to employees
at all Beverly nursing homes nationwide.
Section 7 of the National Labor Relations Act gives em-
ployees the following rights.
To engage in self-organization
To form, join, or assist labor organizations
To bargain collectively through representatives
of their own choosing
To act together for collective bargaining or other
mutual aid or protection
To refrain from any or all such activities.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
740
In recognition of these rights, we hereby notify our employ-
ees that:
WE WILL NOT threaten our employees with disci-
pline, loss of their licenses or jobs, or unfavorable em-
ployment references for engaging in union activities.
WE WILL NOT threaten our employees with reprisals,
including the sale of a facility or layoffs, for selecting
union representation.
WE WILL NOT interrogate our employees concerning
their union sentiments or activities or those of other em-
ployees by asking them to raise their hands and move to
one side of the room in an employer mandated meeting,
thus requiring them to publicly assert their union senti-
ments, by soliciting their signatures of an antiunion peti-
tion, or in other ways.
WE WILL NOT create the impression that our em-
ployees’ union activities are under surveillance by us by
telling employees that we know of a scheduled union
meeting and the time and place thereof, or in other ways.
WE WILL NOT announce or grant our employees
wage increases timed to defeat union organizing cam-
paigns, or blame the delay of approved wage increases
on the union.
WE WILL NOT enforce a lawful no-solicitation, bulle-
tin board or dress code policy against union activity
while permitting comparable anti-union or nonunion-
related activity.
WE WILL NOT solicit our employees to retrieve their
union authorization cards, sign anti-union petitions, or
promote the formation of independent unions.
WE WILL NOT discipline or otherwise discriminate
against our employees because they engage in union ac-
tivity.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to recognize and
bargain with that union as required by law.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, unilaterally change
terms and conditions of employment without prior notice
to and affording an opportunity to bargain to our em-
ployees’ designated collective-bargaining representative.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to meet and bar-
gain with our employees’ designated collective-
bargaining representative concerning grievances, or by-
pass the designated collective-bargaining representative
and deal directly with our employees.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to furnish the
designated collective-bargaining representative with in-
formation necessary and relevant to its collective-
bargaining functions.
WE WILL NOT in any other manner interfere with, re-
strain, or coerce our employees in the exercise of their
Section 7 rights.
WE WILL rescind the suspension and warning we dis-
criminatorily issued and make whole the employee for
the loss of wages and benefits, and WE WILL make
whole our employees from whom a wage increase was
unlawfully withheld, and WE WILL otherwise address
all of the unlawful conduct.
BEVERLY CALIFORNIA CORPORATION
F/K/A
BEVERLY
ENTERPRISES,
ITS
OPERATING
DIVI-SIONS,
REGIONS,
WHOLLY-OWNED SUB-SIDIARIES AND
INDIVIDUAL FACILITIES AND EACH OF
THEM
APPENDIX XXI
(East Moline Care Center)
NOTICE TO EMPLOYEES
This Notice has been posted as a result of a long series of
cases brought by various unions and individuals against
Beverly before the National Labor Relations Board. In
these cases, the NLRB, based upon Beverly’s recurring
violations of the National Labor Relations Act, issued an
order requiring Beverly to cease and desist from continuing
in such unlawful conduct, not only at the nursing homes
which were involved in the series of proceedings, but also at
all other Beverly nursing homes. The United States Court
of Appeals for the Seventh Circuit, after reviewing all of the
testimony and evidence, directed Beverly to cease and desist
from its unlawful conduct at any of its nursing homes, to
provide backpay and other relief to all of the employees
affected by its conduct, and to post this Notice to employees
at all Beverly nursing homes nationwide.
Section 7 of the National Labor Relations Act gives em-
ployees the following rights.
To engage in self-organization
To form, join, or assist labor organizations
To bargain collectively through representatives
of their own choosing
To act together for collective bargaining or other
mutual aid or protection
To refrain from any or all such activities.
In recognition of these rights, we hereby notify our employ-
ees that:
WE WILL NOT threaten our employees with disci-
pline, loss of their licenses or jobs, or any other retalia-
tion, for engaging in union activities.
BEVERLY CALIFORNIA CORP.
741
WE WILL NOT threaten our employees with reprisals,
including the sale of a facility or layoffs, for selecting
union representation.
WE WILL NOT interrogate our employees concerning
their union sentiments or activities or those of other em-
ployees.
WE WILL NOT create the impression that our em-
ployees’ union activities are under surveillance by us.
WE WILL NOT announce or grant our employees
wage increases timed to defeat union organizing cam-
paigns, or blame the delay of approved wage increases
on the union.
WE WILL NOT enforce a lawful no-solicitation, bulle-
tin board or dress code policy against union activity
while permitting antiunion or other activity.
WE WILL NOT solicit our employees to retrieve their
union authorization cards, sign anti-union petitions, or
promote the formation of independent unions.
WE WILL NOT threaten to call the police against off-
duty employees who handbill in support of a union at
entrances to our facility.
WE WILL NOT post guards at mandatory employer
meetings.
WE WILL NOT require off-duty employees to produce
identification on the day of a representation election.
WE WILL NOT discipline or otherwise discriminate
against our employees because they engage in union ac-
tivity.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to recognize and
bargain with that union as required by law.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, unilaterally change
terms and conditions of employment without prior notice
to and affording an opportunity to bargain to our em-
ployees’ designated collective-bargaining representative.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to meet and bar-
gain with our employees’ designated collective-
bargaining representative concerning grievances, or by-
pass the designated collective-bargaining representative
and deal directly with our employees.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to furnish the
designated collective-bargaining representative with in-
formation necessary and relevant to its collective-
bargaining functions.
WE WILL NOT in any other manner interfere with, re-
strain, or coerce our employees in the exercise of their
Section 7 rights.
WE WILL rescind the suspension and warning we dis-
criminatorily issued and make whole the employee for
the loss of wages and benefits, and WE WILL make
whole our employees from whom a wage increase was
unlawfully withheld, and WE WILL otherwise address
all of the unlawful conduct.
BEVERLY CALIFORNIA CORPORATION
F/K/A
BEVERLY
ENTERPRISES,
ITS
OPERATING
DIVI-SIONS,
REGIONS,
WHOLLY-OWNED SUB-SIDIARIES AND
INDIVIDUAL FACILITIES AND EACH OF
THEM
APPENDIX XXII
(West Haven Nursing Facility)
NOTICE TO EMPLOYEES
This Notice has been posted as a result of a long series of
cases brought by various unions and individuals against
Beverly before the National Labor Relations Board. In
these cases, the NLRB, based upon Beverly’s recurring
violations of the National Labor Relations Act, issued an
order requiring Beverly to cease and desist from continuing
in such unlawful conduct, not only at the nursing homes
which were involved in the series of proceedings, but also at
all other Beverly nursing homes. The United States Court
of Appeals for the Seventh Circuit, after reviewing all of the
testimony and evidence, directed Beverly to cease and desist
from its unlawful conduct at any of its nursing homes, to
provide backpay and other relief to all of the employees
affected by its conduct, and to post this Notice to employees
at all Beverly nursing homes nationwide.
Section 7 of the National Labor Relations Act gives em-
ployees the following rights.
To engage in self-organization
To form, join, or assist labor organizations
To bargain collectively through representatives
of their own choosing
To act together for collective bargaining or other
mutual aid or protection
To refrain from any or all such activities.
In recognition of these rights, we hereby notify our employ-
ees that:
WE WILL NOT threaten our employees with disci-
pline, loss of their licenses or jobs, or any other retalia-
tion, for engaging in union activities.
WE WILL NOT threaten our employees with reprisals,
including the sale of a facility or layoffs, for selecting
union representation.
WE WILL NOT interrogate our employees concerning
their union sentiments or activities or those of other em-
ployees.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
742
WE WILL NOT create the impression that our em-
ployees’ union activities are under surveillance by us.
WE WILL NOT announce or grant our employees
wage increases timed to defeat union organizing cam-
paigns, or blame the delay of approved wage increases
on the union.
WE WILL NOT enforce a lawful no-solicitation, bul-
letin board or dress code policy against union activity
while permitting comparable anti-union or nonunion-
related activity.
WE WILL NOT solicit our employees to retrieve their
union authorization cards, sign anti-union petitions, or
promote the formation of independent unions.
WE WILL NOT discipline or otherwise discriminate
against our employees because they engage in union ac-
tivity.
WE WILL NOT fail to recognize and bargain with our
employees’ designated collective-bargaining representa-
tive as required by law.
WE WILL NOT unilaterally change terms and condi-
tions of employment, including implementing changes in
break schedules, without prior notice to and affording an
opportunity to bargain to our employees’ designated col-
lective-bargaining representative.
WE WILL NOT fail to meet and bargain with our em-
ployees’ designated collective-bargaining representative
concerning grievances, or bypass the designated collec-
tive-bargaining representative and deal directly with our
employees.
WE WILL NOT fail to furnish the designated collec-
tive-bargaining representative with information, includ-
ing copies of disciplinary warnings issued to represented
employees, necessary and relevant to its collective-
bargaining functions.
WE WILL NOT in any other manner interfere with,
restrain, or coerce our employees in the exercise of their
Section 7 rights.
WE WILL, on request, furnish to the Union informa-
tion that is relevant and necessary to its role as exclusive
bargaining representative of the unit employees.
WE WILL rescind the suspension and warning we dis-
criminatorily issued and make whole the employee for
the loss of wages and benefits, and WE WILL make
whole our employees from whom a wage increase was
unlawfully withheld, and WE WILL otherwise address
all of the unlawful conduct.
BEVERLY CALIFORNIA CORPORATION
F/K/A
BEVERLY
ENTERPRISES,
ITS
OPERATING
DIVI-SIONS,
REGIONS,
WHOLLY-OWNED SUB-SIDIARIES AND
INDIVIDUAL FACILITIES AND EACH OF
THEM
APPENDIX XXIII
(Park Haven Care Center)
NOTICE TO EMPLOYEES
This Notice has been posted as a result of a long series of
cases brought by various unions and individuals against
Beverly before the National Labor Relations Board. In
these cases, the NLRB, based upon Beverly’s recurring
violations of the National Labor Relations Act, issued an
order requiring Beverly to cease and desist from continuing
in such unlawful conduct, not only at the nursing homes
which were involved in the series of proceedings, but also at
all other Beverly nursing homes. The United States Court
of Appeals for the Seventh Circuit, after reviewing all of the
testimony and evidence, directed Beverly to cease and desist
from its unlawful conduct at any of its nursing homes, to
provide backpay and other relief to all of the employees
affected by its conduct, and to post this Notice to employees
at all Beverly nursing homes nationwide.
Section 7 of the National Labor Relations Act gives em-
ployees the following rights.
To engage in self-organization
To form, join, or assist labor organizations
To bargain collectively through representatives
of their own choosing
To act together for collective bargaining or other
mutual aid or protection
To refrain from any or all such activities.
In recognition of these rights, we hereby notify our employ-
ees that:
WE WILL NOT threaten our employees with disci-
pline, loss of their licenses or jobs, or any other retalia-
tion for engaging in union activities.
WE WILL NOT threaten our employees with reprisals,
including the sale of a facility or layoffs, for selecting
union representation.
WE WILL NOT interrogate our employees concerning
their union sentiments or activities or those of other em-
ployees.
WE WILL NOT create the impression that our em-
ployees’ union activities are under surveillance by us.
WE WILL NOT announce or grant our employees
wage increases timed to defeat union organizing cam-
paigns, or blame the delay of approved wage increases
on the union.
WE WILL NOT enforce a lawful no-solicitation, bulle-
tin board or dress code policy against union activity
BEVERLY CALIFORNIA CORP.
743
while permitting comparable anti-union or nonunion-
related activity.
WE WILL NOT solicit our employees to retrieve their
union authorization cards, sign anti-union petitions, or
promote the formation of independent unions.
WE WILL NOT discipline or otherwise discriminate
against our employees because they engage in union ac-
tivity.
WE WILL NOT fail to recognize and bargain with our
employees’ designated collective-bargaining representa-
tive as required by law.
WE WILL NOT unilaterally change terms and condi-
tions of employment without prior notice to and afford-
ing an opportunity to bargain to our employees’ desig-
nated collective-bargaining representative.
WE WILL NOT fail to meet and bargain with our em-
ployees’ designated collective-bargaining representative
concerning grievances, or bypass the designated collec-
tive-bargaining representative and deal directly with our
employees.
WE WILL NOT fail to furnish the designated collec-
tive-bargaining representative with information neces-
sary and relevant to its collective-bargaining functions,
including attendance and attendance related records of
nonunit employees for comparison for processing of
grievances of discipline issued to unit members for tardi-
ness.
WE WILL NOT in any other manner interfere with, re-
strain, or coerce our employees in the exercise of their
Section 7 rights.
WE WILL, on request, furnish to the Union informa-
tion that is relevant and necessary to its role as exclusive
bargaining representative of the unit employees.
WE WILL rescind the suspension and warning we dis-
criminatorily issued and make whole the employee for
the loss of wages and benefits, and WE WILL make
whole our employees from whom a wage increase was
unlawfully withheld, and WE WILL otherwise address
all of the unlawful conduct.
BEVERLY CALIFORNIA CORPORATION
F/K/A
BEVERLY
ENTERPRISES,
ITS
OPERATING
DIVI-SIONS,
REGIONS,
WHOLLY-OWNED SUB-SIDIARIES AND
INDIVIDUAL FACILITIES AND EACH OF
THEM
APPENDIX XXIV
(Garden Terrace Nursing Center)
NOTICE TO EMPLOYEES
This Notice has been posted as a result of a long series of
cases brought by various unions and individuals against
Beverly before the National Labor Relations Board. In
these cases, the NLRB, based upon Beverly’s recurring
violations of the National Labor Relations Act, issued an
order requiring Beverly to cease and desist from continuing
in such unlawful conduct, not only at the nursing homes
which were involved in the series of proceedings, but also at
all other Beverly nursing homes. The United States Court
of Appeals for the Seventh Circuit, after reviewing all of the
testimony and evidence, directed Beverly to cease and desist
from its unlawful conduct at any of its nursing homes, to
provide backpay and other relief to all of the employees
affected by its conduct, and to post this Notice to employees
at all Beverly nursing homes nationwide.
Section 7 of the National Labor Relations Act gives em-
ployees the following rights.
To engage in self-organization
To form, join, or assist labor organizations
To bargain collectively through representatives
of their own choosing
To act together for collective bargaining or other
mutual aid or protection
To refrain from any or all such activities.
In recognition of these rights, we hereby notify our employ-
ees that:
WE WILL NOT threaten our employees with disci-
pline, loss of their licenses or jobs, or any other retalia-
tion for engaging in union activities.
WE WILL NOT threaten our employees with reprisals,
including the sale of a facility or layoffs for selecting
union representation.
WE WILL NOT threaten employees they will get in
trouble for discussing unions and WE WILL NOT
threaten discipline for talking about unions on the clock
or on our premises.
WE WILL NOT interrogate our employees concerning
their union sentiments or activities or those of other em-
ployees, including asking how many employees were at
the union meeting.
WE WILL NOT create the impression that our em-
ployees’ union activities, including their union meetings,
are under surveillance by us.
WE WILL NOT announce or grant our employees
wage increases timed to defeat union organizing cam-
paigns, or blame the delay of approved wage increases
on the union.
WE WILL NOT enforce a lawful no-solicitation, bulle-
tin board or dress code policy against union activity
while permitting comparable anti-union or nonunion-
related activity.
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
744
WE WILL NOT solicit our employees to retrieve their
union authorization cards, sign anti-union petitions, or
promote the formation of independent unions.
WE WILL NOT discipline or otherwise discriminate
against our employees because they engage in union ac-
tivity.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to recognize and
bargain with that union as required by law.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, unilaterally change
terms and conditions of employment without prior notice
to and affording an opportunity to bargain to our em-
ployees’ designated collective-bargaining representative.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to meet and bar-
gain with our employees’ designated collective-
bargaining representative concerning grievances, or by-
pass the designated collective-bargaining representative
and deal directly with our employees.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to furnish the
designated collective-bargaining representative with in-
formation necessary and relevant to its collective-
bargaining functions.
WE WILL NOT in any other manner interfere with, re-
strain, or coerce our employees in the exercise of their
Section 7 rights.
WE WILL rescind the suspension and warning we dis-
criminatorily issued and make whole the employee for
the loss of wages and benefits, and WE WILL make
whole our employees from whom a wage increase was
unlawfully withheld, and WE WILL otherwise address
all of the unlawful conduct.
BEVERLY CALIFORNIA CORPORATION
F/K/A
BEVERLY
ENTERPRISES,
ITS
OPERATING
DIVI-SIONS,
REGIONS,
WHOLLY-OWNED SUB-SIDIARIES AND
INDIVIDUAL FACILITIES AND EACH OF
THEM
APPENDIX XXV
(Gulf Coast Convalescent Center)
NOTICE TO EMPLOYEES
This Notice has been posted as a result of a long series of
cases brought by various unions and individuals against
Beverly before the National Labor Relations Board. In
these cases, the NLRB, based upon Beverly’s recurring
violations of the National Labor Relations Act, issued an
order requiring Beverly to cease and desist from continuing
in such unlawful conduct, not only at the nursing homes
which were involved in the series of proceedings, but also at
all other Beverly nursing homes. The United States Court
of Appeals for the Seventh Circuit, after reviewing all of the
testimony and evidence, directed Beverly to cease and desist
from its unlawful conduct at any of its nursing homes, to
provide backpay and other relief to all of the employees
affected by its conduct, and to post this Notice to employees
at all Beverly nursing homes nationwide.
Section 7 of the National Labor Relations Act gives em-
ployees the following rights.
To engage in self-organization
To form, join, or assist labor organizations
To bargain collectively through representatives
of their own choosing
To act together for collective bargaining or other
mutual aid or protection
To refrain from any or all such activities.
In recognition of these rights, we hereby notify our employ-
ees that:
WE WILL NOT threaten our employees with disci-
pline, loss of their licenses or jobs, or any other retalia-
tion, for engaging in union activities.
WE WILL NOT threaten our employees with reprisals,
including the sale of a facility or layoffs, for selecting
union representation.
WE WILL NOT interrogate our employees concerning
their union sentiments or activities or those of other em-
ployees.
WE WILL NOT create the impression that our em-
ployees’ union activities are under surveillance by us.
WE WILL NOT announce or grant our employees
wage increases timed to defeat union organizing cam-
paigns, or blame the delay of approved wage increases
on the union.
WE WILL NOT enforce a lawful no-solicitation, bul-
letin board or dress code policy against union activity
while permitting comparable anti-union or nonunion-
related activity.
WE WILL NOT solicit our employees to retrieve their
union authorization cards, sign anti-union petitions, or
promote the formation of independent unions.
WE WILL NOT discipline or otherwise discriminate
against our employees because they engage in union ac-
tivity.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to recognize and
bargain with that union as required by law.
WE WILL NOT, at those facilities at which our
employees are represented by a union, unilaterally
change terms and conditions of employment without
prior notice to and affording an opportunity to bargain to
BEVERLY CALIFORNIA CORP.
745
to and affording an opportunity to bargain to our em-
ployees’ designated collective-bargaining representative.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to meet and bar-
gain with our employees’ designated collective-
bargaining representative concerning grievances, or by-
pass the designated collective-bargaining representative
and deal directly with our employees.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to furnish the
designated collective-bargaining representative with in-
formation necessary and relevant to its collective-
bargaining functions.
WE WILL NOT in any other manner interfere with,
restrain, or coerce our employees in the exercise of their
Section 7 rights.
WE WILL rescind the suspension and warning we
discriminatorily issued and make whole the employee for
the loss of wages and benefits, and WE WILL make
whole our employees from whom a wage increase was
unlawfully withheld, and WE WILL otherwise address
all of the unlawful conduct.
BEVERLY CALIFORNIA CORPORATION
F/K/A
BEVERLY
ENTERPRISES,
ITS
OPERATING
DIVI-SIONS,
REGIONS,
WHOLLY-OWNED SUB-SIDIARIES AND
INDIVIDUAL FACILITIES AND EACH OF
THEM
APPENDIX XXVI
(Northcrest Nursing Home)
NOTICE TO EMPLOYEES
This Notice has been posted as a result of a long series of
cases brought by various unions and individuals against
Beverly before the National Labor Relations Board. In
these cases, the NLRB, based upon Beverly’s recurring
violations of the National Labor Relations Act, issued an
order requiring Beverly to cease and desist from continuing
in such unlawful conduct, not only at the nursing homes
which were involved in the series of proceedings, but also at
all other Beverly nursing homes. The United States Court
of Appeals for the Seventh Circuit, after reviewing all of the
testimony and evidence, directed Beverly to cease and desist
from its unlawful conduct at any of its nursing homes, to
provide backpay and other relief to all of the employees
affected by its conduct, and to post this Notice to employees
at all Beverly nursing homes nationwide.
Section 7 of the National Labor Relations Act gives em-
ployees the following rights.
To engage in self-organization
To form, join, or assist labor organizations
To bargain collectively through representatives
of their own choosing
To act together for collective bargaining or other
mutual aid or protection
To refrain from any or all such activities.
In recognition of these rights, we hereby notify our
employees that:
WE WILL NOT threaten our employees with disci-
pline, loss of their licenses or jobs, or any other retalia-
tion, for engaging in union activities.
WE WILL NOT threaten our employees with reprisals,
including the sale of a facility or layoffs, for selecting
union representation.
WE WILL NOT interrogate our employees concerning
their union sentiments or activities or those of other em-
ployees.
WE WILL NOT create the impression that our em-
ployees’ union activities are under surveillance by us.
WE WILL NOT announce or grant our employees
wage increases timed to defeat union organizing cam-
paigns, or blame the delay of approved wage increases
on the union.
WE WILL NOT enforce a lawful no-solicitation, bulle-
tin board or dress code policy against union activity
while permitting comparable anti-union or nonunion-
related activity.
WE WILL NOT solicit our employees to retrieve their
union authorization cards, sign anti-union petitions, or
promote the formation of independent unions.
WE WILL NOT discipline or otherwise discriminate
against our employees because they engage in union ac-
tivity.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to recognize and
bargain with that union as required by law.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, unilaterally change
terms and conditions of employment without prior notice
to and affording an opportunity to bargain to our em-
ployees’ designated collective-bargaining representative.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to meet and bar-
gain with our employees’ designated collective-
bargaining representative concerning grievances, or by-
pass the designated collective-bargaining representative
and deal directly with our employees.
WE WILL NOT, at those facilities at which our em-
ployees are represented by a union, fail to furnish the
designated collective-bargaining representative with in-
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
746
formation necessary and relevant to its collective-
bargaining functions.
WE WILL NOT in any other manner interfere with, re-
strain, or coerce our employees in the exercise of their
Section 7 rights.
WE WILL immediately rescind the suspension and fi-
nal warning issued to Julie Schriner and make her whole
for any loss of earnings and other benefits, with interest,
suffered as a result of her unlawful suspension.
WE WILL within 14 days from the date of this Order,
remove from our files any reference to the unlawful dis-
cipline issued to Schriner, and within 3 days thereafter
notify her in writing that this has been done and that the
unlawful discipline will not be used as a basis for future
personnel actions against her in any way.
WE WILL make whole our employees from whom a
wage increase was unlawfully withheld, and WE WILL
otherwise address all of the unlawful conduct.
BEVERLY CALIFORNIA CORPORATION
F/K/A
BEVERLY
ENTERPRISES,
ITS
OPERATING
DIVISIONS,
REGIONS,
WHOLLY-OWNED SUBSIDIARIES AND
INDIVIDUAL FACILITIES AND EACH OF
THEM