Samaritan Medical Center, 392 (1995)

National Labor Relations Board

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Samaritan Medical Center, 392 (1995)

The House of the Good Samaritan d/b/a Samaritan Medical Center and Samaritan-Keep Nursing Home, Inc. and Service Employees International Union, Local 721. Case 3-CA-18798

October 24, 1995

DECISION AND ORDER

BY MEMBERS BROWNING, COHEN, AND TRUESDALE

On July 14, 1995, Administrative Law Judge Jesse Kleiman issued the attached decision. The Respondents filed exceptions and a supporting brief. The General Counsel filed 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 as modified.2

ORDER

The National Labor Relations Board adopts the recommended Order of the administrative law judge as modified below and orders that the Respondents, The House of the Good Samaritan d/b/a Samaritan Medical Center and Samaritan-Keep Nursing Home, Inc., Watertown, New York, their officers, agents, successors, and assigns, shall take the action set forth in the Order as modified.

1. Substitute the following for paragraph 1(i).

''(i) In any like or related manner interfering with, restraining, or coercing employees in the exercise of rights guaranteed them by Section 7 of the Act.''

2. Substitute the following for paragraph 2(a).

''(a) Maintain in effect the terms and conditions of employment specified in the now-expired collective-bargaining agreement concerning the technician unit unless they bargain to agreement or good-faith impasse with the Union and recognize and bargain with the Union as the exclusive representative of the employees in the technician unit.''

3. Substitute the attached notice for that of the administrative law judge.

APPENDIX

NOTICE TO EMPLOYEES

POSTED BY ORDER OF THE

NATIONAL LABOR RELATIONS BOARD

An Agency of the United States Government

The National Labor Relations Board has found that we violated the National Labor Relations Act and has ordered us to post and abide by this notice.

Section 7 of the Act gives employees these rights.

To organize

To form, join, or assist any union

To bargain collectively through representatives of their own choice

To act together for other mutual aid or protection

To choose not to engage in any of these protected concerted activities.

WE WILL NOT assist employees in the promotion, presentation, and circulation of a petition to decertify Service Employees International Union, Local 721 as the collective-bargaining representative of our employees in the technician unit.

WE WILL NOT refuse to bargain with the Union in good faith by withdrawing recognition from the Union regarding the technician unit.

WE WILL NOT refuse to bargain in good faith by refusing, on request, to fur...

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