California Nurses Association, National Nurses Organizing Committee (Henry Mayo Newhall Memorial Hos

National Labor Relations Board - Board Decisions

Jan 8, 2014

360 N.L.R.B. 83 (N.L.R.B. 2014)

CALIFORNIA NURSES ASSN., NATIONAL NURSES ORGANIZING COMMITTEE 83
360 NLRB No. 21
California Nurses Association, National Nurses Or-
ganizing Committee and Henry Mayo Newhall
Memorial Hospital. Case 31–CB–012913
January 8, 2014
ORDER GRANTING MOTION FOR
RECONSIDERATION
BY CHAIRMAN PEARCE AND MEMBERS HIROZAWA
AND SCHIFFER
On July 2, 2013, the National Labor Relations Board
issued a Decision and Order in this proceeding.1 The
Board affirmed the judge’s finding that the Respondent
violated Section 8(b)(3) of the Act by printing a
Weingarten2 statement on the back cover of its collec-
tive-bargaining agreement with the employer that was
contrary to the parties’ settled understanding on the issue
of cover text but reversed the judge’s finding that the
Respondent’s conduct violated Section 8(b)(1)(A) of the
Act. As part of its Order remedying the 8(b)(3) viola-
tion, the Board ordered that the Respondent cease and
desist from “[i]n any like or related manner restraining or
coercing employees in the exercise of the rights guaran-
teed them by Section 7 of the Act.”3
On July 29, 2013, the Respondent filed a motion for
reconsideration asserting that the Board should remove
the “like or related manner” language from the Order in
light of the Board’s dismissal of the 8(b)(1)(A) allega-
tion. Neither the Acting General Counsel nor the Charg-
ing Party opposed the motion.
The Board has long recognized that a violation of Sec-
tion 8(b)(1)(A), which prohibits labor organizations from
restraining or coercing employees in the exercise of their
Section 7 rights, is not a derivative violation of an
8(b)(3) violation. National Maritime Union (Texas Co.),
78 NLRB 971, 985 (1948), enfd. 175 F.2d 686 (2d Cir.
1949), cert. denied 338 U.S. 954 (1950). Accordingly,
the Board’s general injunctive language for 8(b)(1)(A)
violations—ordering a party to cease and desist from
“[i]n any like or related manner restraining or coercing
employees in the exercise of the rights guaranteed them
by Section 7 of the Act”—is not appropriate where a
party has violated only Section 8(b)(3). See, e.g., Demo-
lition Workers Local 95, 330 NLRB 352, 352 fn. 3
(1999); California Nurses Assn., 326 NLRB 1362, 1362
fn. 1 (1998), Painters (Northern California Drywall
Contractors Assn., 326 NLRB 1074, 1074 fn. 2 (1998);
Paperworkers Local 620 (International Paper Co.), 309
NLRB 44, 44 fn. 3 (1992).

1 359 NLRB 1391.
2 NLRB v. J. Weingarten, 420 U.S. 251 (1975).
3 359 NLRB 1391, 1394.
Because we find that the Board erred by including
general injunctive language in the Order in the instant
case, we grant the Respondent’s Motion
for Reconsideration and we shall modify the Order and
notice accordingly.
ORDER
The Respondent’s Motion for Reconsideration is
granted. Accordingly, the National Labor Relations
Board modifies its original Order and orders that the Re-
spondent, California Nurses Association, National Nurs-
es Organizing Committee, Oakland, California, its offic-
ers, agents, and representatives, shall
1. Cease and desist from printing and maintaining cop-
ies of the collective-bargaining agreement containing
additional language contrary to the agreement of the par-
ties (e.g., including on the back cover a statement enti-
tled, “The Weingarten Rights”) without the consent of
the hospital.
2. Take the following affirmative action necessary to
effectuate the policies of the Act.
(a) Reprint and deliver to the Henry Mayo Newhall
Memorial Hospital, at the Respondent’s sole expense,
copies of the collective-bargaining agreement without
“The Weingarten Rights” statement or any other addi-
tional language printed thereon or appended thereto, un-
less the hospital agrees to such language.
(b) Within 14 days after service by the Region, post at
its union offices and meeting halls in Glendale, Califor-
nia copies of the attached notice marked “Appendix.”4
Copies of the notice, on forms provided by the Regional
Director for Region 31, after being signed by the Re-
spondent’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 and members are customarily posted. In
addition to physical posting of paper notices, the notices
shall be distributed electronically, such as by email, post-
ing on an intranet or an internet site, and/or other elec-
tronic means, if the Respondent customarily communi-
cates with its members by such means. Reasonable steps
shall be taken by the Respondent to ensure that the notic-
es are not altered, defaced, or covered by any other mate-
rial.
(c) Within 14 days after service by the Region, deliver
to the Regional Director for Region 31 signed copies of
the notice in sufficient number for posting by Henry

4 If this Order is enforced by a judgment of a United States court of
appeals, the words in the notice reading “Posted by Order of the Na-
tional Labor Relations Board” shall read “Posted Pursuant to a Judg-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
84 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
Mayo Newhall Memorial Hospital at its Valencia, Cali-
fornia facility, if it wishes, in all places where notices to
employees are customarily posted.
(d) Within 21 days after service by the Region, file
with the Regional Director for Region 31 a sworn certifi-
cation of a responsible official on a form provided by the
Region attesting to the steps that the Respondent has
taken to comply.
APPENDIX
NOTICE TO EMPLOYEES AND MEMBERS
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 on your behalf
with your employer
Act together with other employees for your bene-
fit and protection
Choose not to engage in any of these protected
activities.
WE WILL NOT print and maintain copies of the collec-
tive-bargaining agreement containing additional lan-
guage contrary to the agreement of the parties (e.g., in-
cluding on the back cover a statement entitled “The
Weingarten Rights”), without the consent of the hospital.
WE WILL reprint and deliver to the Henry Mayo
Newhall Memorial Hospital, at our sole expense, copies
of the collective-bargaining agreement without “The
Weingarten Rights” statement or any other additional
language printed thereon or appended thereto, unless the
hospital agrees to such language.
CALIFORNIA NURSES ASSN., NATIONAL NURSES
ORGANIZING COMMITTEE