Bristol Extended Care

National Labor Relations Board - Board Decisions

Sep 10, 1986

281 N.L.R.B. 428 (N.L.R.B. 1986)

428 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Bristol Care , Inc. d/b/a Bristol Extended Care 1 and
Connecticut State Federation of Teachers, AFT,
AFL-CIO (CSFT). Case 39-CA-2812 and 39-
CA-2813
10 September 1986
DECISION AND ORDER
BY CHAIRMAN DoTsON AND MEMBERS
JOHANSEN AND BABSON
Upon charges filed by the Union 23 October
1985, the General Counsel of the National Labor
Relations Board issued a complaint 31 January
1986 against the Company, the Respondent, alleg-
ing that it has violated Section 8(a)(5) and (1) of
the National Labor Relations Act. The Company
filed an answer admitting the allegations in the
complaint.
On 7 July 1986 the General Counsel filed a
Motion for Summary Judgment. On 10 July 1986
the Board issued an order transferring the proceed-
ing to the Board and a Notice to Show Cause why
the motion should not be granted. The Company
filed no response. The allegations in the motion are
therefore undisputed.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
Ruling on Motion for Summary Judgment
In the absence of good cause being shown why
the motion should not be granted and in light of
the Respondent's admission to the allegations in the
complaint, we grant the General Counsel's Motion
for Summary Judgment.
On the entire record, the Board makes the fol-
lowing
FINDINGS OF FACT
I. JURISDICTION
The Company, a Connecticut corporation, is a
health care institution engaged in the operation of a
convalescent home in Bristol, Connecticut provid-
ing inpatient medical and professional care services.
It annually derives gross revenues in excess of
$100,000 and receives at its Bristol facility prod-
ucts, goods, and materials valued in excess of
$5,000 directly from points outside the State of
Connecticut. We find that the Company is an em-
ployer engaged in commerce within the meaning of
Section 2(6) and (7) of the Act and that the Union
I We have granted the General Counsel's motion to conform the
pleadings to the Respondent's answer which sets forth the Respondent's
correct name.
is a labor organization within the meaning of Sec-
tion 2(5) of the Act.
II. ALLEGED UNFAIR LABOR PRACTICES
The Union is the collective-bargaining represent-
ative of the employees in the following appropriate
units:
All full and part-time service and maintenance
employees, including employees in the dietary
department, nursing department, housekeeping
department, maintenance department and
recreation directors, but excluding registered
nurses, licensed practical nurses, clerical, first
cook, supervisors and guards, as defined in the
National Labor Relations Act.
and
All full and part-time registered nurses and li-
censed practical nurses employed by the Em-
ployer at its Bristol, Connecticut facility, but
excluding social service designee, physical
therapist, service and maintenance employees,
office clerical employees, guards and supervi-
sors as defined in the National Labor Relations
Act.
The Respondent and the Union have been parties
to collective-bargaining agreements covering em-
ployees in the above two appropriate units since 1
May 1985. By their terms the agreements are effec-
tive through 1 May 1988 and 1 May 1987, respec-
tively.
About 1 October 1985 the Respondent decreased
the health insurance coverage of its unit employees
provided in article II of the parties' collective-bar-
gaining agreements , without prior notice to or bar-
gaining with the Union.
We find that by the acts and conduct described
above, the Respondent has failed and refused, and
is failing and refusing to bargain collectively and in
good faith with the representative of its employees,
and the Respondent thereby has been engaging in
unfair labor practices within the meaning of Sec-
tion 8(a)(5) and (1) of the Act.
CONCLUSIONS OF LAW
By unilaterally decreasing the contractual health
insurance coverage of its employees without prior
notice to or bargaining with the Union , the Com-
pany has engaged in unfair labor practices affecting
commerce within the meaning of Section 8(a)(5)
and (1 ) and Section 2(6) and (7) of the Act.
REMEDY
Having found that the Respondent has engaged
in certain unfair labor practices, we shall order it
281 NLRB No. 67
BRISTOL EXTENDED CARE
to cease and desist and to take certain affirmative
action designed to effectuate the policies of the
Act.
We shall order the Respondent to make the em-
ployees whole by restoring the health insurance
coverage provided in article II of the collective-
bargaining agreements retroactively from about 1
October 1985. We shall also order the Respondent
to pay all premiums for such health insurance cov-
erage, which have not been paid and which would
have been paid absent the Respondent 's unlawful
unilateral reduction of such coverage.
In addition, we shall order the Respondent to
make employees whole by reimbursing them for
any medical, dental, or other expenses ensuing
from the Respondent's unlawful reduction of such
coverage . This shall include reimbursing employees
for any medical or dental bills they have paid di-
rectly to health care providers that the health in-
surance coverage would have included , as well as
any premiums they may have paid to third-party
insurance companies to continue medical and
dental coverage in the absence of the Respondent's
required coverage . Further, we shall order the Re-
spondent to reimburse employees for any contribu-
tions they themselves may have made for the main-
tenance of the contractual health insurance cover-
age. Ferro Mechanical Corp., 249 NLRB 669 (1980);
Angelus Block Co ., 250 NLRB 868 (1980). Interest
on all such reimbursement shall be computed in the
manner prescribed in Florida Steel Corp., 231
NLRB 651 (1977).2
ORDER
The National Labor Relations Board orders that
the Respondent , Bristol Care, Inc. d/b/a Bristol
Extended Care, Bristol, Connecticut, its officers,
agents, successors , and assigns, shall
1. Cease and desist from
(a) Unilaterally reducing its employees' health in-
surance coverage provided in article II of the col-
lective-bargaining agreements.
(b) In any like or related manner interfering
with, restraining, or coercing employees in the ex-
ercise of the rights guaranteed them by Section 7
of the Act.
2. Take the following affirmative action neces-
sary to effectuate the policies of the Act.
(a) Make its employees whole by restoring the
health insurance coverage provided in article II of
S The General Counsel has requested that the Order include a visita-
torial clause authorizing the Board , for compliance purposes , to obtain
discovery from the Respondent under Federal Rules of Civil Procedure
under the supervision of the United States court of appeals enforcing this
Order. Under the circumstances of this case, we find it unnecessary to
include such a clause . Accordingly, we deny the General Counsel's re-
quest.
429
the collective-bargaining agreements retroactively
from about 1 October 1985, and by paying all pre-
miums for such health insurance coverage as re-
quired by the collective-bargaining agreements,
which have not been paid and which would have
been paid absent the Respondent's unlawful unilat-
eral reduction of such coverage; and reimburse its
employees for any medical, dental , or any other ex-
penses ensuing from the Respondent's unlawful re-
duction of health insurance coverage . This shall in-
clude reimbursing employees for any contributions
they themselves may have made for the mainte-
nance of the contractual health insurance cover-
ages; for any premiums they may have paid to
third-party insurance companies to continue medi-
cal and dental coverage in the absence of Respond-
ent's reduction of such coverage ; and for any medi-
cal or dental bills they have paid directly to health
care providers that the health insurance coverage
would have included . All payments to employees
shall be made with interest as provided in the
"Remedy."
(b) Post at its facility in Bristol , Connecticut,
copies of the attached notice marked "Appendix."3
Copies of the notice, on forms provided by the Of-
ficer in Charge for Subregion 39, after being signed
by the Respondent's authorized representative,
shall be posted by the Respondent immediately
upon receipt and maintained for 60 consecutive
days in conspicuous places including all places
where notices to employees are customarily posted.
Reasonable steps shall be taken by the Respondent
to ensure that the notices are not altered, defaced,
or covered by any other material.
(c) Notify the Officer in Charge in writing
within 20 days from the date of this Order what
steps the Respondent has taken to comply.
s 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 Nation-
al 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."
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 the National Labor Relations Act
and has ordered us to post and abide by this notice.
430 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
WE WILL NOT unilaterally reduce our employees'
health insurance coverage provided in the collec-
tive-bargaining agreements.
WE WILL NOT in any like or related manner
interfere with, restrain, or coerce you in the exer-
cise of the rights guaranteed you by Section 7 of
the Act.
WE WILL make our employees whole by restor-
ing the health insurance coverage retroactively
from 1 October 1985, and by paying all premiums
for such health insurance coverage as required by
the collective-bargaining agreements, which have
not been paid and which would have been paid
absent our unlawful unilateral reduction of such
coverage; and WE WILL reimburse our employees
for any medical, dental, or any other expenses en-
using from our unlawful reduction of health insur-
ance coverage . This shall include reimbursing em-
ployees for any contributions they themselves may
have made for the maintenance of the contractual
health insurance coverage after we unlawfully re-
duced such coverage; for any premiums they may
have paid to third-party insurance companies to
continue medical and dental coverage in the ab-
sence of our reduced coverage; and for any medi-
cal or dental bills they have paid directly to health
care providers that health insurance coverage
would have included.
WE WILL pay to our employees appropriate in-
terest on such moneys.
BRISTOL CARE , INC. D/B/A BRISTOL
EXTENDED CARE