INSEC (Instituto de Servicios Comunales)

National Labor Relations Board - Board Decisions

Oct 31, 2014

361 N.L.R.B. 883 (N.L.R.B. 2014)

INSTITUTO SOCIO ECNOMICO COMUNITARIO, INC. 883
Instituto Socio Economico Comunitario, Inc. and Un-
idad Laboral de Enfermeras(os) y Empleados de
la Salud. Cases 24–CA–011762 and 24–CA–
011880
October 31, 2014
DECISION AND ORDER
BY CHAIRMAN PEARCE AND MEMBERS HIROZAWA
AND SCHIFFER
On December 10, 2012, the Board issued a Decision
and Order in this proceeding, which is reported at 359
NLRB 280. Thereafter, the General Counsel filed an
application for enforcement in the United States Court of
Appeals for the First Circuit.
At the time of the Decision and Order, the composition
of the Board included two persons whose appointments
to the Board had been challenged as constitutionally in-
firm. On June 26, 2014, the United States Supreme
Court issued its decision in NLRB v. Noel Canning, 134
S.Ct. 2550 (2014), holding that the challenged appoint-
ments to the Board were not valid. Thereafter, the court
of appeals vacated the Board’s Decision and Order and
remanded this case for further proceedings consistent
with the Supreme Court’s decision.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
In view of the decision of the Supreme Court in NLRB
v. Noel Canning, supra, we have considered de novo the
decision and the record in light of the exceptions and
briefs. We have also considered the now-vacated Deci-
sion and Order, and we agree with the rationale set forth
therein. Accordingly, we affirm the judge’s rulings,
findings, and conclusions and adopt the judge’s recom-
mended Order1 to the extent and for the reasons stated in
the Decision and Order reported at 359 NLRB 280,
which is incorporated herein by reference.
1 We shall substitute a new notice in accordance with our decision in
Durham School Services, 360 NLRB 694 (2014).
APPENDIX
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 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 bene-
fit and protection
Choose not to engage in any of these protected
activities.

WE WILL NOT unilaterally require you to take vacation
leave during periods not requested, without giving prior
notice to Unidad Laboral de Enfermeras(os) y
Empleados de la Salud, and without affording the Union
an opportunity to bargain with respect thereto.
WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
listed above.
WE WILL reinstate all vacation leave you were com-
pelled to take which you had not specifically requested.
INSTITUTO SOCIO ECONOMICO COMUNITARIO,
INC.

The Board’s decision can be found at
www.nlrb.gov/case/24–CA–011762 or by using the QR
code below. Alternatively, you can obtain a copy of the
decision from the Executive Secretary, National Labor Re-
lations Board, 1099 14th Street, N.W., Washington, D.C.
20570, or by calling (202) 273-1940.

361 NLRB No. 81