Extract
Springfield Retirement Residence, 884 (1978)
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Springfield Retirement Residence, a Division of Episcopal Community Services, Inc. and Whelan Food Services, Inc. and District 1199C, National Union of Hospital and Health Care Employees, Division of RWDSU, AFL-CIO. Case 4-CA-8213April 11, 1978 DECISION AND ORDERBY CHAIRMAN FANNING AND MEMBERSJENKINS AND MURPHYOn May 12, 1977, Administrative Law Judge Thomas A. Ricci issued the attached Decision in this proceeding. Thereafter, Respondent filed exceptions and a supporting brief, and the General Counsel filed cross-exceptions and a brief in support thereof and in answer to Respondent's exceptions. The Charging Party (herein called the Union) subsequently filed a statement adopting the General Counsel's cross-exceptions and a brief in support of the balance of the Administrative Law Judge's Decision.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 briefs and has decided to affirm the rulings, findings,l and conclusions of the Administrative Law Judge as modified herein and to adopt his recommended Order, as modified below.1. Episcopal Community Services, Inc. (herein Episcopal), and Whelan Food Services, Inc. (herein Whelan), together the Respondent herein, were found by the Administrative Law Judge to be joint employers and successor to Custom Food Management Systems, Inc. (herein Custom), in the operation of the dietary department at Springfield Retirement Residence (herein Springfield). The Administrative Law Judge therefore found that Respondent violated Section 8(a)(5) and (1) of the Act by refusing to bargain with the Union about the terms and condit Respondent has excepted to certain credibility findings made by the Administrative Law Judge. It is the Board's established policy not to overrule an Administrative Law Judge's resolutions with respect to credibility unless the clear preponderance of all of the relevant evidence convinces us that the resolutions are incorrect. Standard Dry Wall Products, Inc., 91NLRB 544 (1950), enfd. 188 F.2d 362 (C.A. 3, 1951). We have carefully examined the record and find no basis for reversing his findings.2 The record supports Respondent's contention that the Administrative Law Judge erroneously found that, after cancellation of the Custom contract, all 10, rather than 4, of the housekeeping employees working for Custom at Springfield were placed by Episcopal under the collectivebargaining agreement with the Union covering the nonprofessional employees at All Saints Hospital. The record also establishes, as Respondent contends, that certain of the Administrative Law Judge's findings regarding who provided laundry service at Springfield before and after Episcopal canceled Custom's contract are not accurate. We find that these inadvertent 235 NLRB No. 124 tions of employment of its dietary employees, the majority of whom had previously worked for Custo...See the full content of this document
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