INSEC (Instituto de Servicios Comunales)

INSTITUTO SOCIO ECNOMICO COMUNITARIO, INC. 883 Instituto Socio Economico Comunitario, Inc. and Un- idad Laboral de Enfermeras(os) y Empleados de la Salud. Cases 24–CA–011762 and 24–CA– 011880 October 31, 2014 DECISION AND ORDER BY CHAIRMAN PEARCE AND MEMBERS HIROZAWA AND SCHIFFER On December 10, 2012, the Board issued a Decision and Order in this proceeding, which is reported at 359 NLRB 280. Thereafter, the General Counsel filed an application for enforcement in the United States Court of Appeals for the First Circuit. At the time of the Decision and Order, the composition of the Board included two persons whose appointments to the Board had been challenged as constitutionally in- firm. On June 26, 2014, the United States Supreme Court issued its decision in NLRB v. Noel Canning, 134 S.Ct. 2550 (2014), holding that the challenged appoint- ments to the Board were not valid. Thereafter, the court of appeals vacated the Board’s Decision and Order and remanded this case for further proceedings consistent with the Supreme Court’s decision. The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. In view of the decision of the Supreme Court in NLRB v. Noel Canning, supra, we have considered de novo the decision and the record in light of the exceptions and briefs. We have also considered the now-vacated Deci- sion and Order, and we agree with the rationale set forth therein. Accordingly, we affirm the judge’s rulings, findings, and conclusions and adopt the judge’s recom- mended Order1 to the extent and for the reasons stated in the Decision and Order reported at 359 NLRB 280, which is incorporated herein by reference. 1 We shall substitute a new notice in accordance with our decision in Durham School Services, 360 NLRB 694 (2014). APPENDIX NOTICE TO EMPLOYEES POSTED BY ORDER OF THE NATIONAL LABOR RELATIONS BOARD An Agency of the United States Government The National Labor Relations Board has found that we violated Federal labor law and has ordered us to post and obey this notice. FEDERAL LAW GIVES YOU THE RIGHT TO Form, join, or assist a union Choose representatives to bargain with us on your behalf Act together with other employees for your bene- fit and protection Choose not to engage in any of these protected activities. WE WILL NOT unilaterally require you to take vacation leave during periods not requested, without giving prior notice to Unidad Laboral de Enfermeras(os) y Empleados de la Salud, and without affording the Union an opportunity to bargain with respect thereto. WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the exercise of the rights listed above. WE WILL reinstate all vacation leave you were com- pelled to take which you had not specifically requested. INSTITUTO SOCIO ECONOMICO COMUNITARIO, INC. The Board’s decision can be found at www.nlrb.gov/case/24–CA–011762 or by using the QR code below. Alternatively, you can obtain a copy of the decision from the Executive Secretary, National Labor Re- lations Board, 1099 14th Street, N.W., Washington, D.C. 20570, or by calling (202) 273-1940. 361 NLRB No. 81