VCNCL, LLC, d/b/a Vineyard Court Nursing and Rehabilitation Center

National Labor Relations Board - Board Decisions

Nov 19, 2014

15-RC-114384 (N.L.R.B. Nov. 19, 2014)

Columbus, MS
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
VCNCL, LLC, d/b/a VINEYARD COURT
NURSING AND REHABILITATION CENTER
Employer
and Case 15-RC-114384
RETAIL WHOLESALE AND DEPARTMENT
STORE UNION
Petitioner
DECISION AND CERTIFICATION OF REPRESENTATIVE
The National Labor Relations Board, by a three-member panel, has considered objections
to an election held January 3, 2014, and the Regional Director’s report recommending
disposition of them. The tally of ballots shows 25 for and 18 against the Petitioner, with 4
challenged ballots, an insufficient number to affect the results.
The Board has reviewed the record in light of the exceptions and brief, has adopted the
Regional Director’s findings and recommendations, and finds that a certification of
representative should be issued.
We agree with the Regional Director’s recommendation to overrule the Employer’s
objections without a hearing. A hearing should be held if the objecting party establishes that it
could provide evidence that, if credited, would warrant setting aside the election. See, e.g.,
Transcare New York, Inc., 355 NLRB 326 (2010). The Employer has not satisfied this standard
regarding any of its objections.1

1 In Objections 3 and 4, the Employer contended that the Regional Director’s December 24,
2013 Erratum, correcting her Decision and Direction of Election, materially changed the voting-
CERTIFICATION OF REPRESENTATIVE
IT IS CERTIFIED that a majority of the valid ballots have been cast for Retail Wholesale
and Department Store Union, and that it is the exclusive collective-bargaining representative of
the employees in the following appropriate unit:
Included: All full time and regular part-time service and maintenance
employees, including the CNAs, Dietary Employees, Housekeeping employees,
Laundry employees, Maintenance employees, Activity Employees, and Social
Services Director; Excluded: All Registered Nurses, Licensed Practical Nurses,
MDS Coordinator, Treatment Nurse, QAPI Coordinator, Medical Records
Nurse, Professional employees, Office Clerical employees, Guards, and
Supervisors as defined by the Act.
Dated, Washington, D.C., November 19, 2014.
___________________________________
Mark Gaston Pearce, Chairman
___________________________________
Harry I. Johnson, III, Member
___________________________________
Nancy Schiffer, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD

unit description and misled employees at the January 3, 2014 election. In fact, the Notices of
Election posted for employees in advance of the election were posted with the proper unit
description. Moreover, even if the Employer had introduced evidence tending to show that
employees were both aware of and confused by the error in the Regional Director’s decision, the
error itself was unobjectionable. The decision incorrectly specified that four employees would
vote under challenge, but this figure constituted less than 10% of the voting unit, an acceptable
percentage of employees to vote under challenge under Board precedent. See, e.g., Northwest
Iowa Telephone Co., 341 NLRB 670, 670-671 (2004).
In Objection 5, the Employer argued that the Regional Director’s issuance of a complaint on
December 31, 2013, alleging the Employer’s commission of an unfair labor practice, was the
result of a conspiracy between the Petitioner and the Region and required setting aside the
election. However, the Employer offered no evidence of such a conspiracy, and it did not explain
how the investigation of the Petitioner’s charge could have been conducted differently, how the
investigation intimidated the Employer from discussing the charge during the critical period, or
how the timing of the complaint’s issuance was in any way objectionable.