Olympia Healthcare LLC dba Olympia Medical Center

National Labor Relations Board - Unpublished Board Decisions

Apr 26, 2010

31-RC-008773 (N.L.R.B. Apr. 26, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
OLYMPIA MEDICAL CENTER
Employer
and Case 3 1 -RC-8773
NATIONAL UNION OF HEALTHCARE
WORXERS
Petitioner
and
SEIU UNITED HEALTHCARE WORKERS -
WEST
Union
ORDER
Union's request for special permission to appeal from the Regional Director's
direction of a pre-election hearing is granted, and the appeal is denied on the merits.' To
the extent that the Regional Director relied on the NLRB Casehandling Manual Sections
11731.2 and 11731.4 in scheduling a pre-election hearing, we find that he was in error.
Under the overall circumstances of this case, however, we find that this was harmless
error because the Union has not shown that it was prejudiced by proceeding to the
hearing. Accordingly, we deny the appeal without prejudice to the parties' right to reopen
the record once the unfair labor practice charges have been resolved.
WILMA B. LIEBMAN, CHAIRMAN
PETER C. SCHAUMBER, MEMBER
MARK GASTON PEARCE, MEMBER
Dated, Washington, D. C., April 26, 20 10.
' The Union filed a Motion to Stay the Pre-Election Hearing, which we have treated as a request for special
pern-lission to appeal.