DYCORA TRANSITIONAL HEALTH-FRESNO LLC

National Labor Relations Board - Board Decisions

May 17, 2019

32-CA-215700 (N.L.R.B. May. 17, 2019)

Fresno, CA
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
DYCORA TRANSITIONAL HEALTH-
FRESNO, LLC
and Cases 32-CA-215700
SERVICE EMPLOYEES INTERNATIONAL
UNION, LOCAL 2015
DYCORA TRANSITIONAL HEALTH-
FRESNO, LLC
and 32-RD-213130
ROSALINDA LORONA
and
HEALTHCARE SERVICES
GROUP, INC.
ORDER AND CERTIFICATION OF RESULTS OF ELECTION
On February 28, 2019, Administrative Law Judge Ariel L. Sotolongo of the
National Labor Relations Board issued his Decision and Recommended Order on
Objections to the Election in the above-entitled proceeding, and, on the same date, the
proceeding was transferred to and continued before the Board in Washington, D.C. The
Administrative Law Judge found that the Respondent has engaged in certain unfair
labor practices and recommended that it take specific action to remedy such unfair labor
practices. The judge further recommended that the Board overrule the election
objections and certify the results of the election held on May 31, 2018.1
ORDER
No statement of exceptions having been filed with the Board, and the time
allowed for such filing having expired,
Pursuant to Section 10(c) of the National Labor Relations Act, as amended, and
Section 102.48 of the National Labor Relations Board Rules and Regulations, the Board
adopts the findings and conclusions of the Administrative Law Judge as contained in his
Decision, and orders that the Respondent, Dycora Transitional Health-Fresno, LLC, its
officers, agents, successors, and assigns, shall take the action set forth in the
recommended Order of the Administrative Law Judge, except that, in light of our
Certification of Results of Election, we shall substitute the attached notice for that of the
Administrative Law Judge.

1 A secret ballot election was conducted on May 31, 2018 pursuant to a Decision and
Direction of Election. The tally of ballots showed 32 votes cast for the Service
Employees International Union, Local 2015 (Union) and 57 against the Union, with 28
challenged ballots, a number sufficient to affect the results of the election. On June 12,
2018, the Regional Director issued a supplemental decision directing that the
challenged ballots be opened and counted, which was done on June 27, 2018. The
revised tally of ballots showed 42 votes cast for the Union and 74 against the Union,
and 1 sustained challenged ballot. Thus, the Union did not prevail in the decertification
election. In the absence of exceptions, the judge directed that “Case 32-RD-213130 be
severed from Case 32-CA-215700 [and remanded] to the Regional Director to process
this matter … and to issue an appropriate certification.” However, there is no need for
a remand because, under Section 102.69 of the Board’s Rules, the Board itself has the
authority to issue such a certification. Accordingly, rather than remand the
representation case, we issue a Certification of Election Results. See Johnston Fire
Services, LLC, 367 NLRB No. 49, slip op. at 1 fn. 3 (2019); Talmadge Park, Inc., 351
NLRB 1241, 1241 fn. 4 (2007).
CERTIFICATION OF RESULTS OF ELECTION
IT IS CERTIFIED that a majority of the valid ballots have not been cast for the
Service Employees International Union, Local 2015, and that it is not the exclusive
collective-bargaining representative of the bargaining-unit employees in the Employer’s
Fresno, California facility.
Dated, Washington, D.C., May 17, 2019.
By direction of the Board:
/s/ Leigh A. Reardon
__________________________
Associate Executive Secretary
NOTICE TO EMPLOYEES
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 by
failing and refusing to notify and bargain over a food consumption practice with the
Service Employees International Union, Local 2015, while it was the bargaining-unit
employees’ certified representative 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 benefit and protection
Choose not to engage in any of these protected activities.
In recognition of these rights, we hereby notify employees that:
WE WILL NOT interfere with, restrain, or coerce you in the exercise of rights listed
above.
DYCORA TRANSITIONAL HEALTH—FRESNO
LLC
(Employer)
Dated By
(Representative) (Title)
The National Labor Relations Board is an independent Federal agency created in 1935
to enforce the National Labor Relations Act. It conducts secret-ballot elections to
determine whether employees want union representation and it investigates and
remedies unfair labor practices by employers and unions. To find out more about your
rights under the Act and how to file a charge or election petition, you may speak
confidentially to any agent with the Board’s Regional Office set forth below. You may
also obtain information from the Board’s website: www.nlrb.gov.
Oakland Federal Bldg., 1301 Clay Street, Room 300-N, Oakland, CA 94612-5211
(510) 637-3300, Hours: 8:30 a.m. to 5 p.m.
The Administrative Law Judge’s decision can be found at https://www.nlrb.gov/case/32-
CA-215700 or by using the QR code below. Alternatively, you can obtain a copy of the
decision from the Executive Secretary, National Labor Relations Board, 1015 Half Street,
S.E., Washington, D.C. 20570, or by calling (202) 273-1940.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
THIS NOTICE MUST REMAIN POSTED FOR 60 CONSECUTIVE DAYS FROM THE
DATE OF POSTING AND MUST NOT BE ALTERED, DEFACED, OR COVERED BY
ANY OTHER MATERIAL. ANY QUESTIONS CONCERNING THIS NOTICE OR
COMPLIANCE WITH ITS PROVISIONS MAY BE DIRECTED TO THE ABOVE
REGIONAL OFFICE’S COMPLIANCE OFFICER, (510) 671-3034.