Barstow Community Hospital - Operated by Community Health Systems, Inc.

National Labor Relations Board - Board Decisions

Nov 8, 2010

356 N.L.R.B. 88 (N.L.R.B. 2010)

DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 88
Barstow Community Hospital—Operated by Com-
munity Health Systems, Inc. and United Nurses
Association of California, Union of Health Care
Professionals, NUHHCE, AFSCME, AFL–CIO.
Case 31–CA–26057
November 8, 2010
DECISION AND ORDER
BY CHAIRMAN LIEBMAN AND MEMBERS PEARCE
AND HAYES
On August 18, 2008, the two sitting members of the
Board issued a Decision and Order in this proceeding,
which is reported at 352 NLRB 1052 (2008).1 Thereaf-
ter, the General Counsel filed an application for en-
forcement in the United States Court of Appeals for the
Ninth Circuit. On June 17, 2010, the United States Su-
preme Court issued its decision in New Process Steel,
L.P. v. NLRB, 130 S.Ct. 2635, holding that under Section
3(b) of the Act, in order to exercise the delegated authori-
ty of the Board, a delegee group of at least three mem-
bers must be maintained. Thereafter, the court of appeals
remanded this case for further proceedings consistent
with the Supreme Court’s decision.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.2
The Board has considered the judge’s decision and
supplemental, and the record in light of the exceptions
and briefs and has decided to affirm the judge’s rulings,
findings, and conclusions and to adopt the recommended
Order3 to the extent and for the reasons stated in the de-
cision reported at 352 NLRB 1052 (2008), which is in-
corporated here by reference, except as modified below.3
1 Effective midnight December 28, 2007, Members Liebman,
Schaumber, Kirsanow, and Walsh delegated to Members Liebman,
Schaumber, and Kirsanow, as a three-member group, all of the powers
of the National Labor Relations Board in anticipation of the expiration
of the terms of Members Kirsanow and Walsh on December 31, 2007.
Thereafter, pursuant to this delegation, the two sitting members issued
decisions and orders in unfair labor practice and representation cases.
2 Consistent with the Board’s general practice in cases remanded
from the Courts of Appeals, and for reasons of administrative economy,
the panel includes the remaining member who participated in the origi-
nal decision. Furthermore, under the Board’s standard procedures
applicable to all cases assigned to a panel, the Board members not
assigned to the panel had the opportunity to participate in the adjudica-
tion of this case at any time up to the issuance of this decision.
3 In accordance with our decision in Kentucky River Medical Center,
356 NLRB 6 (2010), we modify the judge’s remedy by requiring that
backpay and other monetary awards shall be paid with interest com-
pounded on a daily basis. Also, we shall modify the judge’s recom-
mended Order to provide for the posting of the notice in accord with J.
Picini Flooring, 356 NLRB 11 (2010). For the reasons stated in his
dissenting opinion in J. Picini Flooring, Member Hayes would not
require electronic distribution of the notice.
AMENDED REMEDY
The Respondent, having discriminatorily suspended
and discharged Lois Sanders, must offer her reinstate-
ment and make her whole for any loss of earnings and
other benefits, computed on a quarterly basis from the
date of her suspension to the date of proper offer of rein-
statement, less any net interim earnings, as prescribed in
F. W. Woolworth Co., 90 NLRB 289 (1950), plus daily
compound interest as prescribed in Kentucky River Medi-
cal Center, 356 NLRB 6 (2010).
ORDER
The National Labor Relations Board adopts the rec-
ommended Order of the administrative law judge as
modified in 352 NLRB 1052 and as further modified
below, and orders that the Respondent, Barstow Com-
munity Hospital—Operated by Community Health Sys-
tems, Inc., Barstow, California, its officers, agents, suc-
cessors, and assigns, shall take the action set forth in the
recommended Order as modified.
1. Substitute the following for paragraph 2(e).
“(e) Within 14 days after service by the Region, post at
its Barstow, California facility, copies of the attached
notice marked “Appendix.”18 Copies of the notice, on
forms provided by the Regional Director for Region 31,
after being signed by the Respondent’s authorized repre-
sentative, shall be posted by the Respondent and main-
tained for 60 consecutive days in conspicuous places
including all places where notices to employees are cus-
tomarily posted. In addition to physical posting of paper
notices, 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 custom-
arily 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 cov-
ered by any other material. 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 em-
ployees and former employees employed by the Re-
spondent at any time since August 31, 2002.”
356 NLRB No. 15