Denver Post

National Labor Relations Board - Board Decisions

Jan 29, 1982

259 N.L.R.B. 1308 (N.L.R.B. 1982)

1308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Denver Post of the National Society of the Volun- for the Tenth Circuit determine whether the Board
teers of America and United Nurses, Profes- properly asserted jurisdiction over Respondent in
sionals, and Health Care Employees, Division of Case 27-RC-6168, that the Respondent and the
United Food and Commercial Workers, Local opportunity to introduce any and allUnion had full opportunity to introduce any and allNo. 7, AFL-CIO, CLC. Case 27-CA-7361 evidence that either party desired in the representa-
January 29, 1982 tion proceeding, and that the Board considered all
DECISION AND ORDER of the evidence and concluded that the weight of
the evidence supported the assertion of jurisdiction.
BY MEMBERS FANNING, JENKINS, AND The Respondent waived any further consideration
ZIMMERMAN by the Board of the issues presented herein. The
Respondent and the Union requested that an OrderUpon a charge filed on June 16, 1981, by the be entered "without the nessity f fth
United Nurses, Professionals, and Health Care Em- b e e n te r ed "wit h o u t th e n c e s s ty o f a fu rt h e r
ployees, Division of United Food and Commercial procedural action.
Workers, Local No. 7, AFL-CIO, CLC, herein On September 24, 1981, counsel for the General
called the Union, and duly served on Denver Post Counsel filed directly with the Board a "Motion
of the National Society of the Volunteers of Amer- for Issuance of Decision and Order" requesting the
ica, herein called Respondent, the General Counsel Board to transfer this proceeding directly to the
of the National Labor Relations Board, by the Re- Board and to issue a Decision and Order forthwith
gional Director for Region 27, issued a complaint without any further actions by or notice to the par-
on June 26, 1981, against Respondent, alleging that ties.
Respondent had engaged in and was engaging in Pursuant to the provisions of Section 3(b) of the
unfair labor practices affecting commerce within National Labor Relations Act, as amended, the Na-
the meaning of Section 8(a)(5) and (1) and Section tional Labor Relations Board has delegated its au-
2(6) and (7) of the National Labor Relations Act, thority in this proceeding to a three-member panel.
as amended. Copies of the charge and the com- The Board has considered the amended stipula-
plaint and notice of hearing before an administra- tion and the entire record in this proceeding.
tive law judge were duly served on parties to this It is hereby ordered that this proceeding be, and
proceeding. it hereby is, transferred to the Board for issuance
With respect to the unfair labor practices, the of a Decision and Order pursuant to which the
of a Decision and Order, pursuant to which thecomplaint alleges in substance that on April 16, B d h y m t
1981, following a Board election in Case 27-RC-
6168, the Union was duly certified as the exclusive FINDINGS OF FACT
collective-bargaining representative of Respond-
ent's employees in the unit found appropriate;' and I. THE BUSINESS OF RESPONDENT
that, commencing on or about May 21, 1981, and
Respondent has at all times material herein beenat all times thereafter, Respondent has refused, and Respondent has at all times material herein been
continues to date to refuse, to bargain collectively an nincorporated nonprofit religious association
with the Union as the exclusive representative, al- organized under and existing by virtue of the laws
though the Union has requested and is requesting it of the State of Colorado with its principal office
to do so. On July 8, 1981, Respondent filed its and place of business located in Denver, Colorado.
answer to the complaint admitting in part, and At all times material herein, Respondent has pro-
denying in part, the allegations in the complaint. vided social services at its Brandon, Columbine,
Thereafter, on or about September 21, 1981, the Victim Assistance, Triad, Bannock, and Fillmore
Respondent and the Union entered into an amend- facilities, located in various locations within the
ed stipulation for an entry of Order requesting the city of Denver.
Board to find that Respondent has refused to bar- In the course and conduct of its operations, Re-
gain with the Union. The parties stipulated, inter spondent annually receives goods valued in excess
alia, that Respondent has refused to bargain for the of $50,000 directly from points and places located
sole purpose of having the U.S. Court of Appeals outside the State of Colorado, and has a gross
volume of business in excess of $250,000.
' Offical notice is taken of the record in the representation proceeding.e i , s of
Case 27-RC-6168, as the term "record" is defined in Secs. 102.68 and We find, on the basis of the foregoing, that Re-
101.69(g) of the Board's Rules and Regulations, Series 8, as amended. See spondent is, and has been at all times material
LTV Electrosystems, Inc.. 166 NLRB 938 (1967), enfd. 388 F.2d 683 (4th
Cir. 1968); Golden Age Beverage Company, 167 NLRB 151 (1967). enfd
415 F.2d 26 (5th Cir. 1969): Intertype Co. v. Penello, 269 F.Supp. 573 the meaning of Section 2(6) and (7) of the Act, and
(D.C.Va. 1967); Fallent Corp., 164 NLRB 378 (1967), enfd 397 F.2d 91
(7th Cir. 1968); Sec. 9(d) of the NLRA, as amended.
259 NLRB No. 181
, ,
U h
-CA-7361., , .- '
,
DECISION o f t h e
e v i d e n c e a n d
j
Upon a charge filed on June 16, 1981. by the t t i r t t t r r
e e t e r e d it h o u t t h e ec e s sit y o f any fu r t h e r
"
"
t ti

.
t ti l
i
it is, tr f rr t t ar f r iss a ce
ith respect t t e fair la r r ti s, t f s t ic
, , „ . , . . * „ ' ,„of l i t ll i t t t ril , t following:
l ti
t l i FI I S OF FACT
'
, , n .. i 1. -*,thatcommncin n r abot Ma 21,1981 and es e t as at all ti es aterial erei ee
t ll ti t t , t , ausporat ll res associa tin
ti t t t r f , t r i ll ti l oa n u"incorporated r fit r li i i ti
l-organize
o f th e Sta t e o f
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A t a t im e s
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i . v l e oif b en excess f $20 r000. , R>
- C-6168, "r r " e ' O i ,
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l tr s st s, I c., (1967), f . . 68-1 ( t hria mpoe nae n omrewti
. 4 everageherein, an employer engaged in commerce within
ci ; I t l . p
o le t ), .
a n y
.'
proceeding. it hereby is, transferred o he o d o u n
DENVER POST 1309
that it will effectuate the policies of the Act to B. The Request To Bargain and Respondent's
assert jurisdiction herein. 2 Refusal
11. THE LABOR ORGANIZATION INVOLVED Commencing on or about May 20, 1981, and at
United Nurses, Pr, ad H h C e all times thereafter, the Union has requested Re-United Nurses, Professionals, and Health Care
Employees, Division of United Food and Commer- spondent to bargain collectively with it with re-Employees, Division of United Food and Commer-
cial Workers, Local No. 7, AFL-CIO, CLC, is a spect to rates of pay, wages, hoursof employment,
labor organization within the meaning of Section and other terms and condons of employment as
2(5) of th Act. the exclusive collective-bargaining representative
of all the employees in the above-described unit.
11I. THE UNFAIR LABOR PRACTICES Commencing on or about May 20, 1981, and at all
times thereafter, the Union has requested that Re-
A. The Representation Proceeding spondent furnish information relevant and neces-
1. The unit sary to the collective-bargaining process, including
names, job classifications, and starting dates of bar-
The following employees of Respondent consti- gaining unit employees, wages and hours of work,
tute a unit appropriate for collective-bargaining overtime wages, incentives, and various benefits
purposes within the meaning of Section 9(b) of the and payments concerning said unit employees.
Act: Commencing on or about May 21, 1981, and con-
All full-time and regular part-time counselors tinuing at all times thereafter, Respondent has re-
of the Employer at its Brandon, Columbine, fused, and continues to refuse, to recognize and
Victim Assistance, Triad, Bannock, and Fill- bargain with the Union as the exclusive representa-
more facilities, but excluding all office/clerical tive for collective-bargaining of all employees in
employees, volunteers, program attorney, said unit and has refused, and continues to refuse,
guards and supervisors as defined in the Act, to supply the aforesaid information relevant and
and all other employees. necessary to collective bargaining.
2. The certification Accordingly, we find that Respondent has, since
May 21, 1981, and at all times thereafter, refused to
On April 8, 1981, a majority of the employees of bargain collectively with the Union as the exclu-
Respondent in said unit, in a secret-ballot election sive representative of the employees in the appro-
conducted under the supervision of the Regional priate unit, and that, by such refusal, Respondent
Director for Region 27, designated the Union as has engaged in and is engaging in unfair labor prac-
their representative for the purpose of collective- tices within the meaning of Section 8(a)(5) and (1)
bargaining with Respondent.3 of the Act.
The Union was certified as the collective-bar-
gaining representative of the employees in said unit IV. THE EFFECT OF THE UNFAIR LABOR
on April 16, 1981, and the Union continues to be PRACTICES UPON COMMERCE
such exclusive representative within the meaning of The activities of Respondent, set forth in sectionSection 9(a) of the Act.The act lv lites of Respondent, set forth in section
Section 9(a) of the Act. III, above, occurring in connection with its oper-
2 Respondent contended in the underlying representation proceeding, ations described in section I, above, have a close,
Case 27-RC-6168, that it is exempt from the Board's jurisdiction on the intimate, and substantial relationship to trade, traf-
grounds that it is a religious organization engaged in a religious mission fic and commerce among the several States and
and on the basis of pervasive contacts with the city of Denver and the
Federal Government. On March 9, 1981, following a hearing before a tend to lead to labor disputes burdening and ob-
hearing officer of the Board, the Regional Director for Region 27 issued structing commerce and the free flow of com-
a Decision and Direction of Election rejecting these contentions and find- r
ing that Respondent is an employer within the meaning of Sec. 2(2) of ce.
the Act. Thereafter, Respondent filed with the Board a timely request for
review of the Regional Director's Decision and Direction of Election V. THE REMEDY
The request for review was denied by the Board on April 8, 1981. Re-
spondent has raised no issues in the instant proceeding which would re- Having found that Respondent has engaged in
quire the Board to reexamine the decision made in the representation pro- and is engaging in unfair labor practices within the
ceeding. Rather, Respondent has requested that the Board enter an order
finding that Respondent refused to bargain. Respondent states in the meaning of Section 8(a)(5) and (1) of the Act, we
amended stipulation that it has requested the Board to do so in order to shall order that it cease and desist therefrom and,
expedite the resolution of the jurisdictional issue herein on appeal to the upon request bargain ollectively with the Union
United States Court of Appeals. We therefore find that Respondent has
not raised any jurisdictional issues which are properly litigable in this as the exclusive representative of all employees in
unfair labor practice proceeding, and find that Respondent is an employer the appropriate unit and, if an understanding is
engaged in commerce within the meaning of Sec. 2(6) and (7) of the Act.
The tally of ballots showed that 24 votes were cast for and 4 votes reached, embody such understanding in a signed
against the Union, with 2 challenged ballots. agreement. In addition, having found that Re-
2
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United Nurses, ofessionals, nd ealt ar , . ,, . . .,to l ti l
l l , i t to r ates o f a , w ages, ho ur s o
f e ploy ent,
i ti i ti and ot her ter ms and c o nd it io ns o f e ploy ent as
e l i r i i nt ti
Ill
A. The Representation Proceeding ,
sentation
i to r i i i
, j l ifi ti s, t rti t f r-
t
i r i i , fi
i i t i ti r i i i .
Act : i r t 21, , -
,

i i l ti i t ti t l i t r -
3 .

l i t ti it i t i ,
Section 9(a) of the Act.
T h a t v t e f S odnstfrhi eto
Section 9(a of the Act. III, above, occurring in connection ith its oper-
2 ri Secti ,
c
r t t it is a r li i s r a izati e a e in a religious ission fic, a c erce a ong the Several States and
. O
.
m
.
lection.V.
ir t r t r i t e ecisi a e in the representation pro- a is i in Unfair la r ractices ithin the

) O
Or Ce
it the res l ti of the jurisdictional issue herein on appeal to the upon request, bargain Collectively with the Union
i t t t s
U Underst
e a e in r it i t i . rahd moysc nesadn nasge
I l tesrrea hed, t i
i i
n
t:
1310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
spondent violated Section 8(a)(5) and (1) by refus- 6. By the aforesaid refusals to bargain, Respond-
ing to provide the Union with information relevant ent has interfered with, restrained, and coerced,
for collective bargaining, we shall require Re- and is interfering with, restraining, and coercing,
spondent to furnish the Union with such informa- employees in the exercise of rights guaranteed
tion. them in Section 7 of the Act, and thereby has en-
In order to insure that the employees in the ap- gaged in and is engaging in unfair labor practices
propriate unit will be accorded the services of their within the meaning of Section 8(a)(l) of the Act.
selected bargaining agent for the period provided 7. The aforesaid labor practices are unfair labor
by law, we shall construe the initial period of certi- practices affecting commerce within the meaning
fication as beginning on the date Respondent com- of Section 2(6) and (7) of the Act.
mences to bargain in good faith with the Union as
the recognized bargaining representative in the ap- ORDER
propriate unit. See Mar-Jac Poultry Company, Inc., Pursuant to Section 10(c) of the National Labor
136 NLRB 785 (1962); Commerce Company d/b/a Relations Act, as amended, the National Labor Re-
Lamar Hotel, 140 NLRB 226, 229 (1962), enfd. 328 lations Board hereby orders that the Respondent,
F.2d 600 (5th Cir. 1964), cert. denied 379 U.S. 817; Denver Post of the National Society of the Volun-
Burnett Construction Company, 149 NLRB 1419, teers of America, Denver, Colorado, its officers,
1421 (1964), enfd. 350 F.2d 57 (10th Cir. 1965). agents, successors, and assigns, shall:
The Board, upon the basis of the foregoing facts 1. Cease and desist from:
and the entire record, makes the following: (a) Refusing to bargain collectively concerning
~CONCLUSIONS OF LAWrates of pay, wages, hours, and other terms and
conditions of employment with United Nurses,
1. Denver Post of the National Society of the Professionals, and Health Care Employees, Divi-
Volunteers of America is an employer engaged in sion of United Food and Commercial Workers,
commerce within the meaning of Section 2(6) and Local No. 7, AFL-CIO, CLC, as the exclusive
(7) of the Act. bargaining representative of its employees in the
2. United Nurses, Professionals, and Health Care following appropriate unit:
Employees, Division of United Food and Commer- All full-time and regular part-time counselorsAll full-time and regular part-time counselorscial Workers, Local No. 7, AFL-CIO, CLC, is a of the Emloer at its Brandon, Columbine,of the Employer at its Brandon, Columbine,labor organization within the meaning of Section Victim in ri nn n i-Victim Assistance, Triad, Bannock, and Fill-
2(5) of the Act. -. „~2(5) of the Act. .more facilities, but excluding office/clerical
3. All full-time and regular part-time counselors employees, volunteers, program attorney,
of the Employer at its Brandon, Columbine, Victim guards and supervisors as defined in the Act
Assistance, Triad, Bannock, and Fillmore facilities, and all other employees.
but excluding all office/clerical employees, volun-
teers, program attorney, guards and supervisors as (b) Refusing to provide to the aforesaid labor or-
defined in the Act, and all other employees, consti- ganization information relevant and necessary for
tute a unit appropriate for the purpose of collective collective bargaining, including names, job classifi-
bargaining within the meaning of Section 9(b) of cations, starting dates, wages and hours of work,
the Act. overtime wages, incentives, and benefits and pay-
4. Since April 16, 1981, the above-named labor ments concerning unit employees.
organization has been and now is the certified and (c) In any like or related manner interfering
exclusive representative of all employees in the with, restraining, or coercing employees in the ex-
aforesaid appropriate unit for the purpose of collec- ercise of the rights guaranteed them in Section 7 of
tive bargaining within the meaning of Section 9(a) the Act.
of the Act. 2. Take the following affirmative action which
5. By refusing on or about May 21, 1981, and at the Board finds will effectuate the policies of the
all times thereafter, to bargain collectively with the Act:
above-named labor organization as the exclusive (a) Upon request, bargain with the above-named
bargaining representative of all the employees of labor organization as the exclusive representative
Respondent in the appropriate unit, and, by refus- of all employees in the aforesaid appropriate unit
ing to provide information relevant and necessary with respect to rates of pay, wages, hours, and
for collective bargaining, Respondent has engaged other terms and conditions of employment and, if
in and is engaging in unfair labor practices within an understanding is reached, embody such under-
the meaning of Section 8(a)(5) of the Act. standing in a signed agreement, and provide to said
In -re toisr-ha-h-mloesi-he--ggd-nadi eggn n n rlbo rcie

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CONCLUSIONS OF LAW ra t e s o f pay, ages, h o u r s , a n d o t h e r t e r m s a
n d
,
, ,
it i t
l s, i i i f it p,,im a . i ,„ , , »,- . r-r/~ii-~>^T -". t
e py
i , ... ,,. ', * r c '*°~f t n e
la r r i ti it i t i ti A T ad, n a F ll-
i/<\ <**!, A «~~~~~~~Victim t.,. ... , . , ,2(5. of the Act. more
. ll f ll-ti r l r rt-ti l r l , l t r , tt r ,
f t l r t it r , l i , i ti r i r s fi i t t,
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.
.
DENVER POST 1311
labor organization requested information necessary Care Employees, Division of United Food and
and relevant to collective bargaining. Commercial Workers, AFL-CIO, CLC, as the
(b) Post at its Brandon, Columbine, Victim As- exclusive representative of the employees in
sistance, Triad, Bannock, and Fillmore facilities the bargaining unit described below.
copies of the attached notice marked "Appendix." 4 WE WILL NOT refuse to provide to the
Copies of said notice, on forms provided by the above-named Union information relevant and
Regional Director for Region 27, after being duly necessary for collective bargaining.
signed by Respondent's representative, shall be WE WILL NOT in any like or related manner
posted by Respondent immediately upon receipt interfere with, restrain, or coerce our employ-
thereof, and be maintained by it for 60 consecutive ees in the exercise of the rights guaranteed
days thereafter, in conspicuous places, including all them by Section 7 of the Act.
places where notices to employees are customarily WE WILL, upon request, bargain with the
posted. Reasonable steps shall be taken by Re- above-named Union, as the exclusive repre-
spondent to insure that said notices are not altered, sentative of all employees in the bargaining
defaced, or covered by any other material. unit described below, with respect to rates of
(c) Notify the Regional Director for Region 27, pay, wages, hours, and other terms and condi-
in writing, within 20 days from the date of this tions of employment and, if an understanding
Order, what steps have been taken to comply here- is reached, embody such understanding in a
with. signed agreement. The bargaining unit is:
4 In the event that this Order is enforced by a Judgment of a United All full-time and regular part-time counsel-
States Court of Appeals, the words in the notice reading "Posted by ors at our Brandon, Columbine, Victim As-
Order of the National Labor Relations Board" shall read "Posted Pursu- sistance, Triad, Bannock, and Fillmore facili-
ant to a Judgment of the United States Court of Appeals Enforcing an ti, bt e g ol
Order of the National Labor Relations Board." tes, but excluding office/clerical employees,
volunteers, program attorney, guards and
APPENDIX supervisors as defined in the Act, and all
other employees.
NOTICE To EMPLOYEES WE WILL furnish to the above-named Union
POSTED BY ORDER OF THE necessary and relevant information sought by
NATIONAL LABOR RELATIONS BOARD the Union, including the names, job classifica-
An Agency of the United States Government tions, starting dates, wages and hours of work,
overtime wages, incentives, and benefits and
WE WILL NOT refuse to bargain collectively payments concerning unit employees.
concerning rates of pay, wages, hours, and
other terms and conditions of employment DENVER POST OF THE NATIONAL SO-
with United Nurses, Professionals, and Health CIETY OF THE VOLUNTEERS OF
AMERICA
u n t
I ll l-
l O
t i l l ti r " ll r " st ursu- i t , ri , , a ill r facili-
, , . i ,. r»- / i * i _ it ie s , b u t i l i l
i
l egular art-time ounsel-
randon, olumbine, ictim
l s l e Triad, Bannock, Fillmore ili-

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