Barclay Hospital, Inc., 1023 (1980)

National Labor Relations Board

Docket Number: 13-CA-18049

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Barclay Hospital, Inc., 1023 (1980)

BARCLAY HOSPITAL, INC.

Barclay Hospital, Inc. and Warehouse, Mail Order,

Office, Technical and Professional Employees,

Local 743, International Brotherhood of Teamsters,

Chauffeurs, Warehousemen and Helpers of America. Case 13-CA- 18049

February 12, 1980 DECISION AND ORDER

BY CHAIRMAN FANNING AND MEMBERS JENKINS

AND TRUESDALE

On September 25, 1979, Administrative Law Judge Thomas D. Johnston issued the attached Decision in this proceeding. Thereafter, Respondent filed exceptions and a supporting brief, and the General Counsel filed an answering brief.' Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

The Board has considered the record and the attached Decision in light of the exceptions and briefs2 and has decided to affirm the rulings, findings,' and conclusions of the Administrative Law Judge and to adopt his recommended Order.

ORDER

Pursuant to Section 10(c) of the National Labor Relations Act, as amended, the National Labor Relations Board adopts as its Order the recommended Order of the Administrative Law Judge and hereby orders that the Respondent, Barclay Hospital, Inc.,

Chicago, Illinois, its officers, agents, successors, and assigns, shall take the action set forth in the said recommended Order.

' The General Counsel's motion to strike evidence not adduced at the hearing, which Respondent opposed, is denied.

Although we need not deal with all the implications of Respondent's argument that it has a right not to be a successor, we note that 'successorship' is a labor relations conclusion derived from economic facts and that a 'right' not to become a successor would suggest a right to make employment decisions based on representational considerations clearly proscribed by N.LR.B. v. Burns International Security Services Inc. 406 U.S. 272, fn.

(1972).

'Contrary to Respondent, the Administrative Law Judge appropriately determined the issue of whether Respondent is a successor to London as ofthe date of the Union's demand for recognition. The Administrative Law Judge found. and we agree, that neither the changes contemplated by Respondent prior to the Union's demand nor the c...

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