THC-SEATTLE, LLC D/B/A KINDRED HOSPITAL SEATTLE - FIRST HILL

National Labor Relations Board - Board Decisions

Jul 31, 2019

368 NLRB No. 36 (N.L.R.B. 2019)

368 NLRB No. 36
NOTICE: This opinion is subject to formal revision before publication in the
bound volumes of NLRB decisions. Readers are requested to notify the Ex-
ecutive 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.
THC-Seattle, LLC d/b/a Kindred Hospital Seattle—
First Hill and SEIU Healthcare 1199 NW. Case
19–CA–227218
July 31, 2019
DECISION AND ORDER
BY CHAIRMAN RING AND MEMBERS MCFERRAN
AND KAPLAN
The General Counsel seeks a default judgment in this
case on the ground that THC-Seattle, LLC d/b/a Kindred
Hospital Seattle—First Hill (the Respondent) has failed to
file an answer to the complaint. Upon a charge filed by
SEIU Healthcare 1199 NW (the Union) on September 11,
2018, the General Counsel issued a complaint on Decem-
ber 28, 2018, against the Respondent, alleging that it has
violated Section 8(a)(5) and (1) of the National Labor Re-
lations Act. The Respondent failed to file an answer.
On February 5, 2019, the General Counsel filed a Mo-
tion for Default Judgment with the Board. On February
14, 2019, the Board issued an order transferring the pro-
ceeding to the Board and a Notice to Show Cause why the
motion should not be granted. The Respondent filed no
response. The allegations in the motion are therefore un-
disputed.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Ruling on Motion for Default Judgment
Section 102.20 of the Board’s Rules and Regulations
provides that the allegations in a complaint shall be
deemed admitted if an answer is not filed within 14 days
from service of the complaint, unless good cause is shown.
In addition, the complaint affirmatively stated that unless
an answer was received by January 11, 2019, the Board
may find, pursuant to a motion for default judgment, that
the allegations in the complaint are true. Further, the un-
disputed allegations in the General Counsel’s motion dis-
close that the Region, by letter dated January 17, 2019,
notified the Respondent that unless an answer was re-
ceived by January 24, 2019, a motion for default judgment
would be filed. Nevertheless, the Respondent failed to file
an answer.
In the absence of good cause being shown for the failure
to file an answer, we deem the allegations in the complaint
to be admitted as true, and we grant the General Counsel’s
Motion for Default Judgment.
On the entire record, the Board makes the following
FINDINGS OF FACT
I. JURISDICTION
At all material times, the Respondent has been a corpo-
ration with an office and place of business located in Se-
attle, Washington, and has been engaged in the business
of operating an acute care hospital.
In conducting its operations during the preceding 12
months, the Respondent derived gross revenue in excess
of $250,000 and, during the same period, purchased and
received goods valued in in excess of $50,000 directly
from suppliers located outside the State of Washington.
We find that the Respondent is an employer engaged in
commerce within the meaning of Section 2(2), (6), and (7)
of the Act and that the Union is a labor organization within
the meaning of Section 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
At all material times, the following individual held the
position set forth opposite his name and has been an agent
of the Respondent within the meaning of Section 2(13) of
the Act:
Doug McCoy – Chief Executive Officer
The following employees of the Respondent (the Unit)
constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9(b) of the Act:
All full-time, regular part-time and per diem service and
technical employees in the following classifications:
Certified Nursing Assistant, Food Services Aide Han-
dler, Cook, Environmental Services Aide, Licensed
Practical Nurse, Materials Management Clerk, Monitor
Technician, Phlebotomist, Radiology Technologist,
Respiratory Care Practitioner, and Unit Secretary; ex-
cluding all other employees, confidential employees,
professional employees, employees of the Sub Acute
unit, managers, guards, and supervisors as defined by the
Act.
At all material times, the Respondent has recognized the
Union as the exclusive collective-bargaining representa-
tive of the Unit. This recognition has been embodied in
successive collective-bargaining agreements, the most re-
cent of which is effective by its terms from November 17,
2017, to October 30, 2020.
At all material times, the Union has been the exclusive
collective-bargaining representative of the Unit employ-
ees within the meaning of Section 9(a) of the Act.
Since about August 10, 2018, the Union has requested
in writing that the Respondent furnish it with the follow-
ing items of information related to a filed grievance con-
cerning sexual harassment
DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD2
(1) All written communications between management
regarding the complaint of sexual harassment and
the subsequent investigation;
(2) All written communications to complainant regard-
ing the complaint and following investigation;
(3) A list of people interviewed, any and all statements
provided, and all notes taken during the interview
process, including the identity of who conducted
the interviews;
(4) A copy of all investigation notes regarding the com-
plaint;
(5) A written conclusion of the investigation and all
steps taken following the investigation;
(6) A copy of policies regarding sexual harassment and
workplace violence;
(7) Training dates and outlines of the trainings pro-
vided for the management team on how to handle
instances of sexual harassment; and
(8) A list of any and all allegations of sexual harass-
ment in the past 2 years including the steps taken
following those investigations.
The Union renewed the request in writing on August 22 and
28, 2018.
On August 28, 2018, the Union also requested in writ-
ing the personnel files of two specified employees.
The information requested by the Union, as described
above, is necessary for, and relevant to, the Union’s per-
formance of its duties as the exclusive collective-bargain-
ing representative of the Unit.
Since about August 10 and 28, 2018, the Respondent
has failed and refused to furnish the information requested
by the Union as described above.1
CONCLUSION OF LAW
By the conduct described above, the Respondent has
failed and refused to bargain collectively and in good faith
with the exclusive collective-bargaining representative of
its employees in violation of Section 8(a)(5) and (1) of the

1 To the extent the request for all statements of people interviewed
encompasses witness statements, Chairman Ring and Member Kaplan
note that the concerns regarding the duty to disclose witness statements
articulated by then-Members Miscimarra and Johnson in their dissenting
opinions in Piedmont Gardens, 362 NLRB 1135, 1141–1151 (2015),
enfd. on other grounds 858 F.3d 612 (D.C. Cir. 2017), warrant careful
consideration in a future appropriate case. However, in the absence of
any answer to the complaint or response to the Board’s Notice to Show
Act. The unfair labor practices of the Respondent de-
scribed above affect commerce within the meaning of Sec-
tion 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent has engaged in cer-
tain unfair labor practices, we shall order it to cease and
desist and to take certain affirmative action designed to
effectuate the policies of the Act. Specifically, having
found that the Respondent violated Section 8(a)(5) and (1)
by failing and refusing to furnish the Union with certain
information that is relevant and necessary to its role as the
exclusive collective-bargaining representative of the unit
employees, we shall order the Respondent to furnish the
Union with the information it requested on about August
10 and 28, 2018.
ORDER
The National Labor Relations Board orders that the Re-
spondent, THC-Seattle, LLC d/b/a Kindred Hospital Seat-
tle—First Hill, Seattle, Washington, its officers, agents,
successors, and assigns, shall
1. Cease and desist from
(a) Refusing to bargain collectively with SEIU
Healthcare 1199 NW by failing and refusing to furnish it
with requested information that is necessary and relevant
to the Union’s performance of its functions as the collec-
tive-bargaining representative of the Respondent’s unit
employees.
(b) 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 to the Union in a timely manner the infor-
mation it requested on August 10 and 28, 2018.
(b) Within 14 days after service by the Region, post at
its facility in Seattle, Washington, copies of the attached
notice marked “Appendix.”2 Copies of the notice, on
forms provided by the Regional Director for Region 19,
after being signed by the Respondent’s authorized repre-
sentative, shall be posted by the Respondent and main-
tained for 60 consecutive days in conspicuous places, in-
cluding all places where notices to employees are custom-
arily posted. In addition to physical posting of paper no-
tices, notices shall be distributed electronically, such as by
Cause, they concur in finding that the Respondent unlawfully failed to
provide that information.
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 National
Labor Relations Board” shall read “Posted Pursuant to a Judgment of the
United States Court of Appeals Enforcing an Order of the National Labor
Relations Board.”
THC-SEATTLE, LLC D/B/A KINDRED HOSPITAL SEATTLE—FIRST HILL 3
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 proceedings, the
Respondent shall duplicate and mail, at its own expense, a
copy of the notice to all current employees and former em-
ployees employed by the Respondent at any time since
August 10, 2018.
(c) Within 21 days after service by the Region, file with
the Regional Director for Region 19 a sworn certification
of a responsible official on a form provided by the Region
attesting to the steps that the Respondent has taken to com-
ply.
Dated, Washington, D.C. July 31, 2019
______________________________________
John F. Ring, Chairman
______________________________________
Lauren McFerran, Member
_____________________________________
Marvin E. Kaplan, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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 vi-
olated 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 ac-
tivities.
WE WILL NOT refuse to bargain collectively with SEIU
Healthcare 1199 NW by failing and refusing to furnish it
with requested information that is necessary and relevant
to the performance of its functions as the collective-bar-
gaining representative of our 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 to the Union in a timely manner the
information it requested on August 10 and 28, 2018.
THC-SEATTLE, LLC D/B/A KINDRED HOSPITAL
SEATTLE – FIRST HILL
The Board’s decision can be found at
www.nlrb.gov/case/19-CA-227218 or by using the QR
code below. Alternatively, you can obtain a copy of the
decision from the Executive Secretary, National Labor
Relations Board, 1015 Half Street, S.E., Washington, D.C.
20570, or by calling (202) 273-1940.