Nursing Center at Vineland, 947 (1994)

Extract

---

Nursing Center at Vineland, 947 (1994)

Michael Konig t/a Nursing Center at Vineland and Communications Workers of America, Local 1040, AFL-CIO. Cases 4-CA-20962-2, 4-CA- 20984, 4-CA-21083, 4-CA-21093, and 4-CA- 21360

August 31, 1994

DECISION AND ORDER

BY CHAIRMAN GOULD AND MEMBERS STEPHENS AND DEVANEY

On August 27, 1993, Administrative Law Judge Michael O. Miller issued the attached decision. The Respondent filed exceptions and a supporting brief to 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 brief 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, Michael Konig t/a Nursing Center at Vineland, Vineland, New Jersey, its officers, agents, successors, and assigns, shall take the action set forth in the Order.

Henry R. Protas, Esq., for the General Counsel.

Stuart Bochner, Esq. (Horowitz and Pollack, P.C.), for the

Respondent.

DECISION

STATEMENT OF THE CASE

MICHAEL O. MILLER, Administrative Law Judge. This case was tried in Philadelphia, Pennsylvania, on March 24 and May 5 and 6, 1993, based on unfair labor practice charges filed on August 7 and 14 September 25 and 30, 1992, and January 15, 1993, as amended, by the Communications Workers of America, Local 1040, AFL-CIO (the Union), and complaints and orders consolidating complaints issued by the Regional Director of Region 4 of the National Labor Relations Board (the Board), on October 7 and November 5, 1992, and February 26, 1993. The consolidated complaint alleges that Michael Konig, t/a Nursing Center at Vineland (Respondent or the facility) violated Section 8(a)(1), (3), (4), and (5) of the National Labor Relations Act

(the Act). Respondent's timely filed answer denies the commission of any unfair labor practices.

On the entire record, including my observation of the demeanor of the witnesses, and after considering the briefs filed by the General Counsel and Respondent, I make the following

FINDINGS OF FACT

I. THE EMPLOYER'S BUSINESS AND THE UNION'S LABOR ORGANIZATION STATUS PRELIMINARY

CONCLUSIONS OF LAW

Respondent, a sole proprietorship, is engaged in the operation of a long-term nursing care home in Vineland, New Jersey. In the course and conduct of its business operations at that facility during the past year, it received gross revenues in excess of $100,000 and purchased and received goods and products valued in excess of $50,000 directly from points located outside the State of New Jersey. The consolidated complaint alleges, Respondent admits, and I find and conclude that it is an employer engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act.

The complaint alleges, Respondent admits, and I find and conclude that the Union is a labor organization within the meaning of Section 2(5) of the Act.

II. UNFAIR LABOR PRACTICES

A. Background

The Nursing Center at Vineland is one of a number of nursing homes in New Jersey and other States owned by Michael Konig. The Vineland facility has three long-term care units, A, B, and C, and a residential unit. It employs registered nurses, nurses aides, and approximately 30 to 35 licensed practical nurses ...

See the full content of this document

---