Beverly Health & Rehabilitation, 897 (1998)

National Labor Relations Board

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Beverly Health & Rehabilitation, 897 (1998)

Beverly Health and Rehabilitation Services, Inc., Its Operating Regional Offices, Wholly-Owned Subsidiaries and Individual Facilities and Each of Them and/or Its Wholly-Owned Subsidiary Beverly Enterprises-Missouri, Inc., d/b/a New Madrid Nursing Center and Manufacturing, Production and Service Workers Union, Local 24, AFL-CIO. Cases 14-CA-24168-1 and 14- CA-24168-3

June 12, 1998

DECISION AND ORDER

BY CHAIRMAN GOULD AND MEMBERS FOX AND LIEBMAN

On April 9, 1997, Administrative Law Judge George Carson II issued the attached decision. The Respondent filed exceptions, a supporting brief, and an answering brief. The General Counsel filed limited exceptions, a supporting brief, and an answering brief.

The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

The Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge's rulings, findings,1 and conclusions and to adopt the recommended Order.

ORDER

The National Labor Relations Board adopts the recommended Order of the administrative law judge and orders that the Respondent, Beverly Health and Rehabilitation Services, Inc., Its Operating Regional Offices, Wholly-Owned Subsidiaries and Individual Facilities and Each of Them and/or Its Wholly-Owned Subsidiary Beverly Enterprises-Missouri, Inc., d/b/a New Madrid Nursing Center, New Madrid, Missouri, its officers, agents, successors, and assigns, shall take the action set forth in the Order.

Lucinda L. Flynn, Esq., for the General Counsel. Keith R. Jewell, Esq., for the Respondent.

Jeff Keating, for the Charging Party.

DECISION

STATEMENT OF THE CASE

GEORGE CARSON II, Administrative Law Judge. This case was tried in St. Louis, Missouri, on December 9 and 10, 1996. The charge in Case 14-CA-24168-1 was filed on July

17, 1996, and amended on October 3, 1996.1 The charge in Case 14-CA-24168-3 was filed on July 29 and amended on October 3. The consolidated complaint was issued on October 8 and amended on November 15. The complaint, as amended, alleges that Respondent Beverly, a single employer, at the New Madrid Nursing Center, violated Section 8(a)(1) of the National Labor Relations Act by informing its employees that they were no longer represented by the Union, and Section 8(a)(5) of the Act by withdrawing proposals from the bargaining table, by withdrawing recognition from the Union, and by remo...

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