Monmouth Care Center

DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 152 Monmouth Care Center and SEIU 1199 New Jersey Health Care Union Mildord Manor Nursing and Rehabilitation Center and SEIU 1199 New Jersey Health Care Union Pinebrook Nursing Home and Rehabilitation Center and SEIU 1199 New Jersey Health Care Union. Cases 22–CA–27287, 22–CA–27290, 22–CA– 27291, 22–CA–27829, and 22–CA–27830 November 17, 2010 DECISION AND ORDER BY CHAIRMAN LIEBMAN AND MEMBERS BECKER AND HAYES On April 27, 2009, the two sitting members of the Board issued a Decision and Order in this proceeding, which is reported at 354 NLRB 11 (2009).1 Thereafter, the Respondent filed a petition for review in the United States Court of Appeals for the District of Columbia Cir- cuit, and the General Counsel filed a cross-application for enforcement. On June 17, 2010, the United States Supreme Court is- sued its decision in New Process Steel, L.P. v. NLRB, 130 S.Ct. 2635, holding that under Section 3(b) of the Act, in order to exercise the delegated authority of the Board, a delegee group of at least three members must be maintained. Thereafter, the court of appeals remanded this case for further proceedings consistent with the Su- preme Court’s decision. The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.2 The Board has considered the judge’s decision and the record in light of the exceptions and briefs and has de- cided to affirm the judge’s rulings, findings, and conclu- sions and to adopt the recommended Order to the extent and for the reasons stated in the decision reported at 354 1 Effective midnight December 28, 2007, Members Liebman, Schaumber, Kirsanow, and Walsh delegated to Members Liebman, Schaumber, and Kirsanow, as a three-member group, all of the powers of the National Labor Relations Board in anticipation of the expiration of the terms of Members Kirsanow and Walsh on December 31, 2007. Thereafter, pursuant to this delegation, the two sitting members issued decisions and orders in unfair labor practice and representation cases. 2 Consistent with the Board’s general practice in cases remanded from the courts of appeals, and for reasons of administrative economy, the panel includes the remaining member who participated in the origi- nal decision. Furthermore, under the Board’s standard procedures applicable to all cases assigned to a panel, the Board Members not assigned to the panel had the opportunity to participate in the adjudica- tion of this case at any time up to the issuance of this decision. Member Pearce is recused, and has taken no part in considering this case. NLRB 11 (2009), which is incorporated by reference,3 except as modified below.4 ORDER A. The National Labor Relations Board adopts the rec- ommended Order of the administrative law judge as modified below, and orders that the Respondent, Mon- mouth Care Center, Long Branch, New Jersey, its offic- ers, agents, successors, and assigns, shall take the action set forth in the recommended Order as modified. Substitute the following for paragraph A,2(d). “(e) Within 14 days after service by the Region, post at its facility in Long Branch, New Jersey, copies of the attached notice marked ‘Appendix.’18 Copies of the no- tice, on forms provided by the Regional Director for Re- gion 22, after being signed by the Respondent’s author- ized representative, shall be posted by the Respondent and maintained for 60 consecutive days in conspicuous places including all places where notices to employees are customarily posted. In addition to physical posting of paper notices, notices shall be distributed electronically, such as by email, posting on an intranet or an internet site, and/or other electronic means, if the Respondent customarily communicates with its employees by such means. Reasonable steps shall be taken by the Respond- ent 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 any time since August 31, 2002.” B. The National Labor Relations Board orders that the Respondent, Milford Manor Nursing Home and Reha- bilitation Center, West Milford, New Jersey, its officers, agents, successors, and assigns, shall take the action set forth in the recommended Order as modified. Substitute the following for paragraph B,2(d). “(e) Within 14 days after service by the Region, post at its facility in West Milford, New Jersey, copies of the attached notice marked ‘Appendix.’18 Copies of the no- 3 We find it unnecessary to rely on Area Trade Bindery Co., 352 NLRB 172, 172 fn. 3 (2008). Without reliance on that decision, Mem- ber Hayes agrees with the views expressed by former Member Schaumber at 354 NLRB 11, fn. 2, par. 4 (2009), disavowing reliance on the judge’s statements indicating that impasse could not be found because both parties did not believe that they were at impasse. 4 We shall modify the judge’s recommended Order to provide for the posting of the notices in accord with J. Picini Flooring, 356 NLRB 11 (2010). For the reasons stated in his dissenting opinion in J. Picini Flooring, Member Hayes would not require electronic distribution of the notices. 356 NLRB No. 29 MONMOUTH CARE CENTER 153 tice, on forms provided by the Regional Director for Re- gion 22, after being signed by the Respondent’s author- ized representative, shall be posted by the Respondent and maintained for 60 consecutive days in conspicuous places including all places where notices to employees are customarily posted. In addition to physical posting of paper notices, notices shall be distributed electronically, such as by email, posting on an intranet or an internet site, and/or other electronic means, if the Respondent customarily communicates with its employees by such means. Reasonable steps shall be taken by the Respond- ent 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 any time since August 31, 2002.” C. The National Labor Relations Board orders that the Respondent, Pinebrook Nursing Home, Englishtown, New Jersey, its officers, agents, successors, and assigns, shall take the action set forth in the recommended Order as modified. Substitute the following for paragraph C,2(d). “(e) Within 14 days after service by the Region, post at its facility in Englishtown, New Jersey, copies of the attached notice marked ‘Appendix.’18 Copies of the no- tice, on forms provided by the Regional Director for Re- gion 22, after being signed by the Respondent’s author- ized representative, shall be posted by the Respondent and maintained for 60 consecutive days in conspicuous places including all places where notices to employees are customarily posted. In addition to physical posting of paper notices, notices shall be distributed electronically, such as by email, posting on an intranet or an internet site, and/or other electronic means, if the Respondent customarily communicates with its employees by such means. Reasonable steps shall be taken by the Respond- ent 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 any time since August 31, 2002.”