Veritas Health Services, Inc., 31-CA-029713

• Court: National Labor Relations Board
• Writing for the Court: Mark Gaston Pearce, Chairman.
• Citation: 359 NLRB No. 111
• Parties: VERITAS HEALTH SERVICES, INC. D/B/A CHINO VALLEY MEDICAL CENTER AND UNITED NURSES ASSOCIATIONS OF CALIFORNIA/UNION OF HEALTHCARE PROFESSIONALS, NUHHCE, AFSCME, AFL-CIO
• Decision Date: 30 April 2013
• Docket Number: 31-CA-029715,31-CA-029716,31-CA-029966,31-CA-029768,31-CA-029769,31-CA-029749,31-CA-029738,31-CA-029717,31-CA-029745,31-CA-029786,31-CA-029713,31-CA-029714,31-CA-029936

359 NLRB No. 111

VERITAS HEALTH SERVICES, INC. D/B/A CHINO VALLEY MEDICAL CENTER AND UNITED NURSES ASSOCIATIONS OF CALIFORNIA/UNION OF HEALTHCARE PROFESSIONALS, NUHHCE, AFSCME, AFL-CIO

Nos. 31-CA-029713, 31-CA-029714, 31-CA-029715, 31-CA-029716, 31-CA-029717, 31-CA-029738, 31-CA-029745, 31-CA-029749, 31-CA-029768, 31-CA-029769, 31-CA-029786, 31-CA-029936, 31-CA-029966

United States of America, National Labor Relations Board

April 30, 2013

DECISION AND ORDER

Mark Gaston Pearce, Chairman.

On October 17, 2011, Administrative Law Judge William G. Kocol issued the attached decision. The Respondent filed exceptions, a supporting brief, a reply brief, an answering brief to the Acting General's exceptions, and an answering brief to the Charging Party's exceptions. The Acting General Counsel filed exceptions, a supporting brief, and an answering brief to the Respondent's exceptions. The Charging Party filed exceptions and a supporting brief.

The National Labor Relations Board has considered the decision and the record in light of the exceptions and briefs^[1] and has decided to affirm the judge's rulings, findings, ^[2] and conclusions, ^[3] to modify his remedy, ^[4] and to adopt the recommended Order as modified and set forth in full below.^[5]

AMENDED CONCLUSIONS OF LAW

Substitute the following for the introductory paragraph of the judge's Conclusion of Law 3.

“ 3. United Nurses Associations of California/Union of Healthcare Professionals, NUHHCE, AFSCME, AFL-CIO is a labor organization within the meaning of Section 2(5) of the Act and, since April 2, 2010, has been the exclusive collective-bargaining representative of all of the employees in the unit for the purpose of collective bargaining within the meaning of Section 9(a) of the Act. By the following conduct Chino Valley has engaged in unfair labor practices affecting commerce within the meaning of Section 8(a)(5) and (1) and Section 2(6) and (7) of the Act.”

ORDER

The National Labor Relations Board orders that the Respondent, Veritas Health Services, Inc. d/b/a Chino Valley Medical Center, Chino Valley, California, its officers, agents, successors, and assigns, shall

1. Cease and desist from

(a) Threatening to close the facility and terminate employees if they selected a union.

(b) Threatening employees with loss of benefits if they selected the Union as their collective-bargaining representative.

(c) Coercively interrogating employees about their union activities.

(d) Impliedly threatening employees with layoffs if they supported a union.

(e) Telling employees that they might lose the family atmosphere and flexibility of scheduling at Chino Valley if they selected the Union.

(f) Giving employees the impression that their union activities are under surveillance.

(g) Threatening to discipline employees because they engaged in union activities.

(h) Informing employees that they could no longer take vacations longer than 2 weeks because the employees had selected the Union to represent them.

(i) Telling employees that the family atmosphere at Chino Valley is over and that henceforth Chino Valley would begin strictly enforcing its policies and procedures, including tardiness, because the employees voted for the Union.

(j) Broadly prohibiting employees from speaking to the media, including about the Union or about terms and conditions of employment.

(k) Serving subpoenas on employees and unions that request information about employees' union activities, under circumstances where that information is not related to any issue in the legal proceeding.

(l) Unilaterally changing wages, hours, and other terms and conditions of employment of employees without first giving the Union notice and an opportunity to bargain about such changes.

(m) More strictly enforcing a tardiness rule and disciplining employees pursuant to that more strictly enforced rule because employees supported the Union.

(n) More strictly enforcing a tardiness rule and disciplining employees pursuant to that more strictly enforced rule without first giving the Union an opportunity to bargain concerning the change.

(o) Disciplining employees who fail to attend mandatory meetings.

(p) Discharging or otherwise discriminating against any employee for supporting the Union or any other union.

(q) Beginning to discipline employees who fail to attend mandatory meetings without first giving the Union an opportunity to bargain concerning the change.

(r) Terminating the practice of paying part-time employees for the time spent attending classes needed to maintain the certifications necessary to perform their work at Chino Valley without first allowing the Union an opportunity to bargain concerning that change.

(s) Failing to provide the Union with requested information that is presumptively relevant to the Union's performance of its representational duties.

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

2. Take the following affirmative action necessary to effectuate the policies of the Act.

(a) Before implementing any changes in wages, hours, or other terms and conditions of employment, notify and, on request, bargain with the Union as the exclusive collective-bargaining representative of employees in the following bargaining unit:

All full-time, regular part-time and regular per diem registered nurses employed by the Employer at its 5451 Walnut Avenue, Chino, California facility in the following departments: Emergency Services, Critical Care Services/Intensive Care Unit, Surgery, Post-Anesthesia Care Unit, Outpatient Services, Gastrointestinal Laboratory Cardiovascular Catheterization Laboratory, Radiology Telemetry/Direct Observation Unit and Medical/Surgical

(b) Rescind the discipline imposed pursuant to stricter enforcement of the tardiness rule and restore the practice that existed prior thereto.

(c) Rescind the discipline imposed on employees who failed to attend mandatory meetings.

(d) Within 14 days from the date of this Order, remove from its files any reference to the unlawful discipline of employees, and within 3 days thereafter notify the employees in writing that this has been done and that the discipline will not be used against them in any way.

(f) Restore the practice of paying part-time employees for the time spent attending classes needed to maintain the certifications necessary to perform their work at Chino Valley, and make whole, with interest compounded daily, those employees for any losses resulting from the unlawful termination of this practice.

(g) Furnish to the Union in a timely manner the following information requested by the Union on April 9, 2010: lists of employees including details as to full or part-time status, hourly wage rates, wage increases, fringe benefits, classifications, shifts, addresses and phone numbers; employee handbooks; company policies and procedures; job descriptions; benefit plans; costs of benefits; and disciplinary notices.

(h) Within 14 days from the date of this Order, offer Ronald Magsino full reinstatement to his former job or, if that job no longer exists, to a substantially equivalent position, without prejudice to his seniority or any other rights or privileges previously enjoyed.

(i) Make Ronald Magsino whole for any loss of earnings and other benefits suffered as a result of the discrimination against him in the manner set forth in the remedy section of the judge's decision as amended in this decision.

(j) Compensate Ronald Magsino for the adverse tax consequences, if any, of receiving a lump-sum backpay award, and file a report with the Social Security Administration allocating the backpay award to the appropriate calendar quarters.

(k) Within 14 days from the date of this Order, remove from its files any reference to the unlawful discharge of Ronald Magsino, and within 3 days thereafter notify him in writing that this has been done and that the discharge will not be used against him in any way.

(l) Preserve and, within 14 days of a request, or such additional time as the Regional Director may allow for good cause shown, provide at a reasonable place designated by the Board or its agents, all payroll records, social security payment records, timecards, personnel records and reports, and all other records, including an electronic copy of such records if stored in electronic form, necessary to analyze the amount of backpay due under the terms of this Order.

(m) Within 14 days after service by the Region, post at its facility in Chino, California, copies of the attached notice marked “ Appendix.” ^[6] Copies of the notice, on forms provided by the Regional Director for Region 31, after being signed by the Respondent's authorized representative, shall be posted by the Respondent and maintained for 60 consecutive days in conspicuous places including all places where notices to employees are customarily posted. In addition to physical posting of paper notices, the notices shall be distributed electronically, such as by email, posting on an intranet or an internet site, and/or other electronic means, if the Respondent customarily communicates with its employees by such means. Reasonable steps shall be taken by the Respondent to ensure that the notices are not altered, defaced, or covered by any other material. In addition, within 14 days after service by the Region, the Respondent shall duplicate and mail, at its own expense, a copy of the notice to all per diem employees and former employees employed by the Respondent at any time since March 8, 2010. In the event that, during the pendency of these proceedings, the Respondent has gone out of business or closed the facility involved in these proceedings, the Respondent shall duplicate and mail, at its own expense, a copy of the notice to all current employees...