Extract
Laborers Local 135 (Phoenixville Hospital), 920 (1990)
Laborers Local No. 135 and Phoenixville Hospital.
Case 4-CC-1881December 19, 1990DECISION AND ORDERBY CHAIRMAN STEPHENS AND MEMBERSCRACRAFT AND DEVANEYOn May 25, 1990, Administrative Law Judge Michael O. Miller issued the attached decision. The Respondent filed exceptions and a brief in support and the General Counsel filed cross-exceptions and a brief in support of the judge's decision.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 as modified.2The Respondent excepts to the judge's finding that a reserved gate system was established on December 22, 1989, when the Hospital posted the Milligan Street entrance with a sign reserving it for the use of the primary (Blooming Glen), its subsidiaries and suppliers. The Respondent contends that because the neutral (Main Street) entrance was not posted until January 12, 1990, Blooming Glen was free to use that entrance and the Respondent therefore had a right to picket at that entrance until the neutral gate sign was posted there. We find no merit in this exception.We agree with the judge that although the neutral gate, as such, was not posted until January 12, 1990, the reserved gate system was established prior to that date. In so doing we emphasize that, as noted above, the Hospital informed the Respondent on two occasions prior to January 12 that a reserved gate system was in place. In addition, we emphasize that Blooming Glen posted a notice to its employees within a day or two of the establishment of the reserved gate system in which Blooming Glen di...See the full content of this document
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