Comprehensive Care of Oakland LP d/b/a Bay Area Healthcare Center

National Labor Relations Board - Unpublished Board Decisions

Sep 29, 2015

32-RD-134177 (N.L.R.B. Sep. 29, 2015)

1
NOT INCLUDED
IN BOUND VOLUMES Oakland, CA
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
COMPREHENSIVE CARE OF OAKLAND LP
d/b/a BAY AREA HEALTHCARE CENTER
Employer
and Case 32--RD--134177
CAYETANO SANCHEZ
Petitioner
and
SERVICE EMPLOYEES INTERNATIONAL
UNION-UNITED HEALTHCARE WORKERS-
WEST (SEIU-UHW)
Union
DECISION AND CERTIFICATION OF RESULTS OF ELECTION
The National Labor Relations Board, by a three-member panel, has
considered objections to an election held on February 18, 2015, and the hearing
officer's report recommending disposition of them. The election was conducted
pursuant to a Decision and Direction of Election. The tally of ballots shows 32 for
and 51 against the Union, with one challenged ballot, an insufficient number to
affect the results.
2
The Board has reviewed the record in light of the exceptions and briefs,
has adopted the hearing officer's findings1 and recommendations, and finds that
a certification of results of election should be issued.2
CERTIFICATION OF RESULTS OF ELECTION
IT IS CERTIFIED that a majority of the valid ballots have not been cast for
Service Employees International Union-United Healthcare Workers-West (SEIU-
UHW), and that it is not the exclusive representative of these bargaining-unit
employees.
Dated, Washington, D.C. September, 29, 2015.
______________________________
Philip A. Miscimarra, Member
_____________________________
Kent Y. Hirozawa, Member

1 The Union has excepted to some of the hearing officer’s credibility
findings. The Board’s established policy is not to overrule a hearing officer’s
credibility resolutions unless the clear preponderance of all the relevant evidence
convinces us that they are incorrect. Stretch-Tex Co., 118 NLRB 1359, 1361
(1957). We have carefully examined the record and find no basis for reversing
the findings.
Here, the alleged objectionable conduct involved a party to the election.
Accordingly, in adopting the hearing officer’s findings, we rely on his citation to
Cambridge Tool & Mfg. Co., 316 NLRB 716, 716 (1995), a case that sets forth
the appropriate party standard. We do not rely on his statement that the
objecting party must show “reasonable doubt as to the fairness and validity of the
election,” a standard used when the objection involves Board agent misconduct.
Patient Care of Pennsylvania, 360 NLRB No. 76 (2014) (citing Polymers, Inc.,
174 NLRB 282, 282 (1969), enfd. 414 F.2d 999 (2d Cir. 1969), cert. denied 396
U.S. 1010 (1970)).
2 There is no basis to find that the Employer engaged in the objectionable
solicitation of grievances. The Union failed to file a timely objection under
Section 102.69(a) of the Board's Rules and Regulations raising this contention,
and offers no explanation for that failure. In any event, in support of its
contention the Union relies solely on the testimony of Mary Shelby, whom the
hearing officer discredited.
3

_______________________________
Lauren McFerran, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD