Hill Road Convalescent Hospital, Inc.

National Labor Relations Board - Board Decisions

Apr 21, 1975

217 N.L.R.B. 460 (N.L.R.B. 1975)

460 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Hill Road Convalescent Hospital , Inc. and San Fran-
cisco Bay Area Professional & Vocational Division
of Freight Checkers , Clerical Employees and Help-
ers, Local 856, Petitioner . Cases 20-RC-12217 and
20-RC-12228
April 21,1975
DECISION AND CERTIFICATION OF
REPRESENTATIVE
BY MEMBERS JENKINS, KENNEDY, AND PENELLO
'Pursuant to authority granted it by the National
Labor Relations Board under Section 3(b) of the Na-
tional Labor Relations Act, as amended, a three-mem-
ber panel has considered objections to two elections
held on October 10, 1974,' and the Acting Regional
Director's report recommending disposition of same.
The Board has reviewed the record in light of the ex-
ceptions and brief, and hereby adopts the Acting Re-
gional Director's findings and recommendations.'
i The elections were conducted pursuant to a stipulation for certification
upon consent election, in two units. The tally in Unit 1 was 37 for, and 27
against, the Petitioner, there were 6 challenged ballots, an insufficient num-
ber to affect the results. The tally in Unit 2 was 5 for, and 2 against, the
Petitioner; there were no challenged ballots.
2 While we adopt the recommendations of the Acting Regional Director
that the objections should be overruled, we do not adopt the rationale upon
whLch she bases her recommendation that Objection 5 be overruled. The
Employer stated in a letter to its employees that it "has the absolute right
to lure permanent replacements for any employees who engage in an eco-
nomic strike" and that "If you go out on strike you may be permanently
replaced." The Petitioner asserted that this statement was untrue and the
Employer objected thereto.
The Acting Regional Director found that, assuming the Petitioner made
a misstatement regarding the replacement of economic strikers, it was un-
reasonable to assume that the employees would have relied on this misstate-
ment rather than on the Employer's correct statement of the law However,
CERTIFICATION OF REPRESENTATIVE
It is hereby certified that a majority of the valid
ballots have been cast for San Francisco Bay Area
Professional & Vocational Division of Freight Check-
ers, Clerical Employees and Helpers, Local 856 and
that, pursuant to Section 9(a) of the Act, as amended,
said labor organization is the exclusive representative
of all the employees in the following appropriate units
for the purposes of collective bargaining in respect to
rates of pay, wages, hours of employment, and other
terms and conditions of employment:
Unit 1-All nurses' aides and housekeeping, die-
tary and laundry employees employed at the Em-
ployer's convalescent hospital in Novato, Cali-
fornia; excluding clerical employees, confidential
secretaries, guards and supervisors as defined in
the Act.
Unit 2-All licensed vocational nurses employed
at the Employer's convalescent hospital in
Novato, California; excluding nurses' aides,
housekeeping employees, dietary and laundry em-
ployees, office clerical employees, confidential
secretaries, guards and supervisors as defined in
the Act.
we do not think that a material misrepresentation sufficient to warrant
setting aside the election occurred simply because Petitioner's statement
(like the Employer's) was not coupled with a fuller explanation of economic
strikers' poststnke rights to reinstatement under the Act as appears in The
Laidlaw Corporation, 171 NLRB 1366 (1968) See Mississippi Extended
Care Center, Inc., d/b/a Care Inn, Collierville, 202 NLRB 1065 (1973)
i Even assuming that the statement was objectionable under the Hollywood
Ceramics rule (Hollywood Ceramics Company, Inc., 140 NLRB 221 (1962)),
Member Penello would not set the election aside for the reasons stated in
Medical Ancillary Services, Inc., 212 NLRB 582 (1974)
217 NLRB No. 75