GUARDIAN ANGELS HEALTH SERVICES, INC., D/B/A GUARDIAN ANGELS CARE CENTER

National Labor Relations Board - Board Decisions

Sep 16, 2016

18-RC-171236 (N.L.R.B. Sep. 16, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
GUARDIAN ANGELS HEALTH SERVICES,
INC., d/b/a GUARDIAN ANGELS CARE CENTER
Employer
and Case 18-RC-171236
SERVICE EMPLOYEES INTERNATIONAL
UNION HEALTHCARE MINNESOTA
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s Decision and Direction of
Election is denied as it raises no substantial issues warranting review.1
MARK GASTON PEARCE, Chairman
PHILIP A. MISCIMARRA, Member
LAUREN MCFERRAN, Member
Dated, Washington, D.C., September 16, 2016

1 In denying review, we observe that the Regional Director relied on Brusco Tug & Barge,
Inc., 359 NLRB 486 (2012), which the Board reaffirmed and incorporated by reference in 362
NLRB No. 28 (2015).
In addition, because we find that the Employer’s charge nurses do not responsibly direct
nursing assistants, due to their lack of accountability for the assistants’ performance, it is
unnecessary to address the issue of whether they exercise independent judgment in directing the
assistants.
Based on the rationales articulated in his separate opinions in Buchanan Marine, L.P., 363
NLRB No. 58 (2015), and Community Education Centers, Inc., 360 NLRB No. 17 (2014),
Member Miscimarra would grant review of the Regional Director’s determination that the charge
nurses lack the authority to direct responsibly exercising independent judgment.