361 N.L.R.B. 962 (N.L.R.B. 2014)

MEMORIAL HOSPITAL OF SALEM COUNTY

National Labor Relations Board - Board DecisionsNov 25, 2014

361 N.L.R.B. 962 (N.L.R.B. 2014)

962 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD Salem Hospital Corporation a/k/a The Memorial Hospital of Salem County and Health Profes- sionals and Allied Employees (HPAE). Case 04– CA–073474 November 25, 2014 DECISION AND ORDER BY CHAIRMAN PEARCE AND MEMBERS HIROZAWA AND SCHIFFER On March 22, 2013, the Board issued a Decision and Order in this proceeding, which is reported at 359 NLRB 695 (2013). Thereafter, the General Counsel filed an application for enforcement. 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 Board issued an order setting aside the Decision and Order, and retained this case on its docket for further action as ap- propriate. 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 judge’s decision and the record in light of the exceptions and briefs. We have also considered the now-vacated Decision and Order, and we agree with the rationale set forth therein. Accordingly, we affirm the judge’s rul- ings, findings, and conclusions and adopt the judge’s recommended Order to the extent and for the reasons stated in the Decision and Order reported at 359 NLRB 695, which is incorporated herein by reference.1 The Order is set forth in full below. ORDER The Respondent, Salem Hospital Corporation a/k/a the Memorial Hospital of Salem County, Salem, New Jersey, its officers, agents, successors, and assigns, shall 1. Cease and desist from (a) Refusing to bargain collectively with the Union by failing and refusing to furnish it with requested infor- mation that is relevant and necessary to the Union’s per- formance of its functions as the collective-bargaining representative of the Respondent’s unit employees. 1 We shall substitute a new notice in accordance with Durham School Services, 360 NLRB 694 (2014). (b) Failing and refusing to bargain with the Union as the exclusive collective-bargaining representative of the employees in the bargaining unit concerning disciplinary actions, including discharges, taken against bargaining unit employees. (c) In any like or related manner interfering with, re- straining, or coercing employees in the exercise of the rights guaranteed them by Section 7 of the Act. 2. Take the following affirmative action necessary to effectuate the policies of the Act. (a) Furnish the Union with the information requested in its letter dated October 20, 2011, to the fullest extent allowed by law. (b) On request, bargain with the Union as the exclusive collective-bargaining representative of the employees in the bargaining unit concerning discipline, including dis- charges. (c) Within 14 days after service by the Region, post at its Salem, New Jersey facility copies of the attached no- tice marked “Appendix.”2 Copies of the notice, on forms provided by the Regional Director for Region 4, after being signed by the Respondent’s authorized representa- tive, shall be posted by the Respondent and maintained for 60 consecutive days in conspicuous places, including all places where notices to employees are customarily posted. In addition to physical posting of paper notices, notices shall be distributed electronically, such as by email, posting on an intranet or an internet site, and/or other electronic means, if the Respondent customarily communicates with its employees by such means. Rea- sonable steps shall be taken by the Respondent to ensure that the notices are not altered, defaced, or covered by any other material. If the Respondent has gone out of business or closed the facility involved in these proceed- ings, the Respondent shall duplicate and mail, at its own expense, a copy of the notice to all current employees and former employees employed by the Respondent at any time since October 20, 2011. (d) Within 21 days after service by the Region, file with the Regional Director for Region 4 a sworn certifi- cation of a responsible official on a form provided by the Region attesting to the steps that the Respondent has taken to comply. 2 If this Order is enforced by a judgment of a United States court of appeals, the words in the notice reading “Posted by Order of the Na- tional Labor Relations Board” shall read “Posted Pursuant to a Judg- ment of the United States Court of Appeals Enforcing an Order of the National Labor Relations Board.” 361 NLRB No. 110 SALEM HOSPITAL CORP. 963 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 refuse to bargain collectively with the Union by failing and refusing to furnish it with requested information that is relevant and necessary to the Union’s performance of its functions as the collective-bargaining representative of our unit employees. WE WILL NOT fail and refuse to bargain with the Union as the collective-bargaining representative of our em- ployees in the bargaining unit concerning disciplinary actions, including discharges, taken against bargaining unit employees. 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 furnish the Union with the information re- quested in its letter dated October 20, 2011, to the fullest extent allowed by law. WE WILL, on request, bargain with the Union as the ex- clusive collective-bargaining representative of our em- ployees in the bargaining unit concerning discipline, in- cluding discharges. SALEM HOSPITAL CORPORATION A/K/A THE MEMORIAL HOSPITAL OF SALEM COUNTY The Board’s decision can be found at www.nlrb.gov/case/04–CA–073474 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.