Fred & Harriett Taylor Health Center

National Labor Relations Board - Board Decisions

Apr 4, 2014

03-RC-115208 (N.L.R.B. Apr. 4, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FRED & HARRIETT TAYLOR HEALTH CENTER
Employer
and Case 03-RC-115208
1199 SEIU UNITED HEALTHCARE WORKERS EAST
Petitioner
ORDER
The Employer’s Request for Review of the Acting Regional Director’s Decision
and Direction of Election is granted as it raises substantial issues warranting review. We
invite the parties to address, in their briefs on review, the following specific questions:
 Which entity or entities are the statutory employer(s) of the employees
working in the Fred & Harriett Taylor Health Center and in the Ira
Davenport Memorial Hospital, respectively, and what is the legal
relationship of those employing entities to each other?
 Are the Fred & Harriett Taylor Health Center and the Ira Davenport
Memorial Hospital properly treated as, combined, a single facility?
 If so, should the Board apply the formulas provided in the Board’s Health
Care Rule, 29 CFR 103.30(f)(2), 284 NLRB 1580 (1989) to determine
whether the combined facility constitutes an acute care hospital under the
Rule, and how should those formulas be applied?
 If the combined facility does otherwise constitute an acute care hospital
under the Health Care Rule, are there nevertheless “extraordinary
circumstances” exempting the combined facility from the conforming unit
requirements of the Rule?
 Assuming that the combined facility is not subject to the conforming unit
requirements of the Rule, what is the proper test for determining the
appropriateness of the unit, including whether employees working at the
Ira Davenport Memorial Hospital should be included within the
appropriate unit, and what is the result of that test?
MARK GASTON PEARCE, CHAIRMAN
HARRY I. JOHNSON, III, MEMBER
NANCY SCHIFFER, MEMBER
Dated, Washington, D.C., April 4, 2014