Extract
American Geri-Care, 95 (1984)
AMERICAN GERI-CARE American Geri-Care, Inc. and Local 6, International Federation of Health Professionals, International Longshoremen's Association, AFL-CIO. Case 29-CA-9571
30 April 1984 DECISION AND ORDERBY CHAIRMAN DOTSON AND MEMBERSZIMMERMAN AND HUNTEROn 30 December 1982 Administrative Law Judge Harold B. Lawrence issued the attached decision. The Respondent, American Geri-Care, Inc., filed exceptions and a supporting brief.The National Labor Relations Board has delegated its authority in this proceeding to a threemember panel.The Board has considered the decision and the record in light of the exceptions and brief and has decided to affirm the judge's rulings, findings, and conclusions only to the extent consistent with this Decision and Order.The judge found, inter alia, that the Respondent committed two separate violations of Section 8(a)(1) of the Act by granting wage increases in order to discourage employees' union activity and by granting a tuition reimbursement plan for the same purpose.' The judge therefore recommended the Board's traditional remedy for 8(aX1) violations. In addition, however, he treated the alleged unfair labor practice allegations as objections to an election and, even though the pending representation case was not before him, he ordered the Region to open the ballots to the rerun election and, if neither Union had received a majority of the valid ballots, he ordered the Regional Director to conduct a new election. Moreover, because he treated the alleged 8(aX1) violations as objections he examined the Respondent's conduct in light of the critical period to the election instead of apply' The procedural background of this cae is as follows. The unfair labor practice charge which gave rise to this case was filed on 3 March 1982 by Local 6, International Federation of Health Professionals International Longshoremen's Association, AFL-CIO. A rerun election was held 9 days after on 12 March, with two unions, Local 6 and Local 144,Hotel, Hospital, Nursing Home and Allied Health Services Union, Service Employees International Union, AFL-CIO, on the ballot. The ballots to the election were impounded because of the pending unfair labor practice charge. Objections to the election were also filed, and they are still pending.Prior to the rerun election, a first election was held on 20 December 1979, in which both Local 6 and Local 144 participated. Local 6 filed objections and unfair labor practice charges. On 15 June 1981 Administrative Law Judge Barry D. Morris issued a decision in a consolidated representation and unfair labor practice case in which he sustained an objection based on the Respondent's having made an unlawful promise of benefits in violation of Sec. 8(aXl) of the Act. He recommended a second election. Although the Respondent excepted to this decision, it was adopted by the Board on 30 September 1981. The events at issue here occurred between the issuance of Judge Morris' decision on 15 June 1981 and the rerun election in March 1982.270 NLRB No. 13 ing 10(b)'s 6-month statute of limitations for unfair labor practice violations. Thus, he found that t...See the full content of this document
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