Memorial Hospital of Salem County, (2012)

Docket Number:04-CA-064458
 
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NOTICE: This opinion is subject to formal revision before publication in the bound volumes of NLRB decisions. Readers are requested to notify the Executive Secretary, National Labor Relations Board, Washington, D.C. 20570, of any typographical or other formal errors so that corrections can be included in the bound volumes.

Salem Hospital Corporation a/k/a The Memorial Hospital of Salem County and Health Professionals and Allied Employees (HPAE). Case 042013 CA2013064458

July 31, 2012

DECISION AND ORDER

BY CHAIRMAN PEARCE AND MEMBERS GRIFFIN AND BLOCK

On April 17, 2012, Administrative Law Judge Robert

A. Giannasi issued the attached decision. The Respondent filed exceptions and a supporting brief, the Acting General Counsel filed an answering brief, and the Respondent filed a reply 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 judge2019s rulings, findings, and conclusions and to adopt the recommended Order as modified.1

ORDER

The National Labor Relations Board adopts the recommended Order of the administrative law judge and orders that the Respondent, Salem Hospital Corporation a/k/a The Memorial Hospital of Salem County, Salem, New Jersey, its officers, agents, successors, and assigns, shall take the action set forth in the Order as modified.

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

201c(a) Refusing to bargain collectively with the Union, Health Professionals and Allied Employees (HPAE), by failing and refusing to furnish it with requested information that is relevant and necessary to the Union2019s performance of its functions as the collective-bargaining representative of employees in the following unit:

All full-time, regular part-time and per diem Registered Nurses including Staff Nurses, Case Managers, and Charge Nurses, employed by the Respondent at the Memorial Hospital of Salem County located at Woodstown Road, Salem, New Jersey, excluding all other employees, managers, guards and supervisors as defined in the Act.201d

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

1 We shall modify the judge2019s recommended Order to conform to the Board2019s standard remedial language for the violation found, and we shall substitute a new notice to conform to the Order as modified.

Dated, Washington, D.C. July 31, 2012

Mark Gaston Pearce, Chairman Richard F. Griffin, Jr., Member Sharon Block, Member

(SEAL) NATIONAL LABOR RELATIONS BOARD

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 Federal labor law and has ordered us to post and obey this notice.

FEDERAL LAW GIVES YOU THE RIGHT TO

Form, join, or assist a union

Choose representatives to bargain with us on your behalf

Act together with other employees for your benefit and protection

Choose not to engage in any of these protected activities.

WE WILL NOT refuse to bargain collectively with the Union, Health Professionals and Allied Employees (HPAE), by failing and refusing to furnish it with requested information that is relevant and necessary to the Union2019s performance of its functions as the collectivebargaining representative of our employees in the following bargaining unit:

All full-time, regular part-time and per diem Registered Nurses including Staff Nurses, Case Managers, and Charge Nurses, employed by us at the Memorial Hospital of Salem County located at Woodstown Road, Salem, New Jersey, excluding all other employees, managers, guards and supervisors as defined in the Act.

WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the exercise of the rights listed above.

2 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD

WE WILL furnish the Union with the information it requested on August 15, 2011.

SALEM HOSPITAL CORPORATION A/K/A THE

MEMORIAL HOSPITAL OF SALEM COUNTY

DECISION

STATEMENT OF THE CASE

ROBERT A. GIANNASI, Administrative Law Judge. This case was tried on March 5, 2012, in Philadelphia, Pennsylvania. The complaint alleges that Respondent violated Section 8(a)(5) and (1) of the Act by failing to provide information to the Charging Party Union (the Union), which was the certified bargaining representative of an appropriate unit of its employees. The Respondent filed an answer, later amended, denying the essential allegations in the complaint and asserting that the Board2019s earlier certification of the Union was erroneous.

After the close of the hearing,2 the parties submitted briefs, which I have read and considered. Based on the entire record in the case, I make the following:

FINDINGS OF FACT

I. JURISDICTION

The Respondent, a New Jersey corporation with a facility in Salem, New Jersey, is engaged in the operation of an acute care hospital. During a representative 1-year period, Respondent received gross revenues in excess of $250,000 and purchased and received goods at its hospital valued in excess of $50,000 directly from points outside the State of New Jersey. Accordingly, I find, as Respondent admits, that Respondent is an employer engaged in commerce within the meaning of Section 2(2), (6) and (7) of the Act and is a healthcare institution within the meaning of Section 2(14) of the Act.

The Union is a labor organization within the meaning...

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