368 NLRB No. 49 (N.L.R.B. 2019)

St Luke's Hospital

National Labor Relations Board - Board DecisionsAug 19, 2019

368 NLRB No. 49 (N.L.R.B. 2019)

368 NLRB No. 49 NOTICE: This opinion is subject to formal revision before publication in the bound volumes of NLRB decisions. Readers are requested to notify the Executive Secretary, National Labor Relations Board, Washington, D.C. 20570, of any typographical or other formal errors so that corrections can be included in the bound volumes. St. Luke’s Hospital and Massachusetts Nurses Asso- ciation, Petitioner. Case 01–RC–230363 August 19, 2019 ORDER BY CHAIRMAN RING AND MEMBERS MCFERRAN AND KAPLAN The Employer’s request for review of the Acting Re- gional Director’s Decision on Objections and Certifica- tion is denied because it raises no substantial issues war- ranting review.1 Dated, Washington, D.C. August 19, 2019 _______________________________________ John F. Ring, Chairman ______________________________________ Lauren McFerran, Member ______________________________________ Marvin E. Kaplan, Member (SEAL) NATIONAL LABOR RELATIONS BOARD 1 Member Emanuel is recused and took no part in the consideration of this case. We find that the Employer’s request for review fails to raise any is- sue warranting review of the Regional Director’s finding that the Em- ployer failed to meet the heavy evidentiary burden of showing that the election results should be set aside based on its objections. In denying review, we do not rely on the Hearing Officer’s statement that Union Representative Hermanson “admitted that some employees who had signed cards did not intend to support the Union when the flyer was distributed because people change their minds.” Rather, we find that the cited testimony establishes only that Hermanson knew that 10–12 employees, whose signatures the Petitioner excluded from the flyer, were no longer committed to voting for the Petitioner. Chairman Ring and Member Kaplan note that they would be open to reconsidering Midland National Life Insurance Co., 263 NLRB 127 (1982), in a future appropriate case.