American Medical Response of Connecticut

National Labor Relations Board - Board Decisions

Sep 26, 2014

361 N.L.R.B. 605 (N.L.R.B. 2014)

AMERICAN RESPONSE OF CONNECTICUT, INC. 605
American Medical Response of Connecticut, Inc. and
Adam Cummings and Shannon Smith. Cases 34–
CA–013051 and 34–CA–065800
September 26, 2014
DECISION AND ORDER
BY CHAIRMAN PEARCE AND MEMBERS HIROZAWA
AND SCHIFFER
On June 28, 2013, the Board issued a Decision and
Order in this proceeding, which is reported at 359 NLRB
1301. Thereafter, the Respondent filed a petition for
review in the United States Court of Appeals for the Dis-
trict of Columbia Circuit.
At the time of the Decision and Order, the composition
of the Board included two persons whose appointments
to the Board had been challenged as constitutionally in-
firm. On June 26, 2014, the United States Supreme
Court issued its decision in NLRB v. Noel Canning, 134
S.Ct. 2550 (2014), holding that the challenged appoint-
ments to the Board were not valid. Thereafter, the court
of appeals granted the General Counsel’s motion to dis-
miss the case because the Board had vacated the Deci-
sion and Order. The court also issued a mandate return-
ing the case to the Board.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
In view of the decision of the Supreme Court in NLRB
v. Noel Canning, supra, we have considered de novo the
judge’s decision and the record in light of the exceptions
and briefs. We have also considered the now-vacated
Decision and Order, and we agree with the rationale set
forth therein.1 Accordingly, we affirm the judge’s rul-
ings, findings, and conclusions and adopt the judge’s
recommended Order to the extent and for the reasons
stated in the Decision and Order reported at 359 NLRB
1301, which is incorporated herein by reference.2
APPENDIX
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government

1 In finding that the Respondent’s change to the start-of-shift proce-
dures was material, substantial, and significant, we do not rely on Pratt
Industries, 358 NLRB 414, 422 (2012), cited in the vacated decision.
2 In affirming the tax compensation and Social Security Administra-
tion reporting remedies, we rely on Don Chavas, LLC d/b/a Tortillas
Don Chavas, 361 NLRB No. 10 (2014). We shall substitute a new
notice to conform to the Board’s standard language and in accordance
with Durham School Services, 360 NLRB 694 (2014).
The National Labor Relations Board has found that we vio-
lated 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 bene-
fit and protection
Choose not to engage in any of these protected
activities.

WE WILL NOT change your terms and conditions of
employment without first notifying your collective-
bargaining representative and giving it an opportunity to
bargain.
WE WILL NOT warn you or otherwise discipline you
pursuant to a change in your terms and conditions of em-
ployment without first notifying the Union and giving it
an opportunity to bargain.
WE WILL NOT discharge or otherwise discriminate
against any of you for engaging in protected activity as a
union steward or for engaging in any other protected
concerted activities.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
listed above.
WE WILL rescind the changes in the terms and condi-
tions of employment for our unit employees that were
unilaterally implemented on April 8, 2011.
WE WILL, within 14 days from the date of the Board’s
Order, remove from our files any reference to the unlaw-
ful warnings issued to unit employees pursuant to the
change in your terms and conditions of employment, and
WE WILL, within 3 days thereafter, notify those employ-
ees in writing that this has been done and that the warn-
ings will not be used against them in any way.
WE WILL, before implementing any changes in wages,
hours, or other terms and conditions of employment of
unit employees, notify and, on request, bargain with the
exclusive collective-bargaining representative of our
employees in the following bargaining unit:

All full-time and regular part-time emergency
medical technicians (EMTs) and paramedics
employed by us at or out of our West Hartford,
Enfield, Putnam, and Rockville, Connecticut fa-
cilities.

WE WILL, within 14 days from the date of the Board’s
Order, offer Adam Cummings full reinstatement to his
former job or, if that job no longer exists, to a substan-
361 NLRB No. 53

606 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
tially equivalent position, without prejudice to his senior-
ity or any other rights or privileges previously enjoyed.
WE WILL make Adam Cummings whole for any loss of
earnings and other benefits resulting from his discharge,
less any net interim earnings, plus interest.
WE WILL compensate Adam Cummings for the adverse
tax consequences, if any, of receiving a lump-sum back-
pay award, and WE WILL file a report with the Social Se-
curity Administration allocating the backpay award to
the appropriate calendar quarters.
WE WILL, within 14 days from the date of the Board’s
Order, remove from our files any reference to the unlaw-
ful discharge of Adam Cummings, and WE WILL, 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.
AMERICAN MEDICAL RESPONSE OF
CONNECTICUT, INC.

The Board’s decision can be found at
www.nlrb.gov/case/34–CA–-013051 or by using the QR
code below. Alternatively, you can obtain a copy of the
decision from the Executive Secretary, National Labor
Relations Board, 1099 14th Street, N.W., Washington,
D.C. 20570, or by calling (202) 273-1940.