Tyson Health & Rehabilitation, 959 (1999)

National Labor Relations Board

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Tyson Health & Rehabilitation, 959 (1999)

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-Alabama, Inc. d/b/a Tyson Health and Rehab Center, a single employer and

United Food and Commercial Workers Union, Local Union No. 1657, AFL-CIO. Case 15-CA- 14269

July 23, 1999

DECISION AND ORDER

BY MEMBERS FOX, LIEBMAN, AND HURTGEN

On February 19, 1999, Administrative Law Judge George Carson II issued the attached decision. The Respondent filed exceptions and a supporting brief, and the Charging Party 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.

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., Beverly Enterprises-Alabama, Inc. d/b/a Tyson Health and Rehab Center, Montgomery, Alabama, its officers, agents, successors, and assigns, shall take the action set forth in the Order.

Charles R. Rogers, Esq., for the General Counsel.

Keith R. Jewell, Esq., for the Respondent.

J. Cecil Gardner and Mary E. Olsen, Esqs., for the Charging Party.

DECISION

STATEMENT OF THE CASE

GEORGE CARSON II, Administrative Law Judge. This case was tried in Montgomery, Alabama, on November 17, 1998. The charge was filed on March 17, 1997, and amended on June 27, 1997.1 The complaint was issued on June 27. It was amended at the hearing to reflect the correct names of the Respondent and Charging Party. The complaint alleges that Respondent Beverly, a single employer, at Tyson Health and Rehab Center, violated Section 8(a)(1) and (5) of the National Labor Relations Act by failing to provide the Union with re-

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