River Walk Manor, Inc

RIVER WALK MANOR 383 River Walk Manor, Inc and District 1199-E, Na- tional Union of Hospital and Health Care Em- ployees, AFL-CIO Case 5-CA-17570 March 22, 1989 SUPPLEMENTAL DECISION, ORDER, AND DIRECTION OF SECOND ELECTION BY CHAIRMAN STEPHENS AND MEMBERS JOHANSEN AND CRACRAFT On August 29, 1986, the National Labor Rela tions Board issued a Decision and Order in the above entitled proceeding finding that the Re- spondent had engaged in and was engaging in unfair labor practices within the meaning of Sec- tion 8(a)(5) and (1) of the National Labor Relations Act, and ordered that the Respondent cease and desist and take certain affirmative action to remedy the unfair labor practices 1 Thereafter, the Board petitioned the United States Court of Appeals for the Fourth Circuit for enforcement of the Board's Order On October 26, 1987, in an unpublished order, the court denied en forcement of the Board's Order The court majori 1281 NLRB 199 (1986) ty found, contrary to the Board, that the prounion campaign activity by the supervisory charge nurses coerced employees into voting for the Union Thus, the court concluded that, under these cir- cumstances, the election conducted August 19, 1983, and won by the Union, could not be consid- ered valid In light of the court's decision, the Board has de- cided to revoke the certification issued in Case 5- RC-11986, dismiss the complaint in the instant case, and direct a second election 2 ORDER The National Labor Relations Board orders that the certification issued in Case 5-RC-11986 is re yoked and that the complaint in Case 5 -CA-17570 is dismissed IT IS FURTHER ORDERED that Case 5-RC-11986 is remanded to the Regional Director for the pur- pose of conducting a second election pursuant to the direction set forth below [Direction of Second Election omitted from pub- lication ] 2 In view of our disposition of the unfair labor practice case here and our finding that a new election is warranted we reopen the underlying representation proceeding (Case 5-RC-11986) 293 NLRB No 40