New York Methodist Hospital/MSO of Kings County, LLC

National Labor Relations Board - Unpublished Board Decisions

Dec 21, 2016

29-RC-172410 (N.L.R.B. Dec. 21, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
NEW YORK METHODIST HOSPITAL AND
MSO OF KINGS COUNTY, LLC, A SINGLE EMPLOYER
Employer
and Case No. 29-RC-172410
1199 SEIU, UNITED HEALTHCARE WORKERS EAST
Petitioner
ORDER
The Employer’s Requests for Review of the Regional Director’s Decision and Direction
of Election, Supplemental Decision on Challenges, and Supplemental Decision on Objections
and Certifications of Representative are denied as they raise no substantial issues warranting
review.1
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
LAUREN McFERRAN, MEMBER
Dated, Washington, D.C., December 21, 2016.

1 In finding that the New York Methodist Hospital and MSO of Kings County are a single employer, the
Regional Director referenced his analysis of this issue in Case 29-RC-172398. In denying review of the single
employer finding, we do not rely on the Regional Director’s citation, in Case 29-RC-172398, of Shane Steel
Processing, 353 NLRB 522 (2008), a two-member Board decision. See New Process Steel, L.P. v. NLRB, 560 U.S.
674 (2010). For the same reason, we do not rely on the Regional Director’s citation of Unisys Corp., 354 NLRB
825 (2009), in his Supplemental Decision on Challenges.
In denying review of the Regional Director’s Decision and Direction of Election, Member Miscimarra
notes that he does not necessarily agree with the holding in St. Vincent Charity Medical Center, 357 NLRB 854
(2011), cited by the Regional Director. He nevertheless agrees that a self-determination election was properly
directed in this case. More generally, Member Miscimarra continues to adhere to his dissenting views regarding the
Election Rule. See Election Rule, 79 Fed. Reg. at 74430-74460 (dissenting views of Members Miscimarra and
Johnson); id. at 74434-74441 (dissenting views regarding the Final Rule’s acceleration of the pre-election timeline).