Seton Medical Center/Seton Coastside

National Labor Relations Board - Unpublished Board Decisions

Nov 2, 2015

20-RC-073334 (N.L.R.B. Nov. 2, 2015)

NOT INCLUDED IN PHMc
BOUND VOLUMES Daly City and Moss Beach, CA
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SETON MEDICAL CENTER/SETON COASTSIDE
Employer
and Case 20-RC-073334
NATIONAL UNION OF HEALTHCARE
WORKERS (NUHW)
Petitioner
and
SEIU UNITED HEALTHCARE
WORKERS-WEST (SEIU-UHW)
Intervenor
DECISION AND CERTIFICATION OF REPRESENTATIVE
The National Labor Relations Board, by a three-member panel, has considered objections
and determinative challenged ballots in an election held March 19, 2014, and the Acting
Regional Director’s report recommending disposition of them. The election was conducted
pursuant to a Decision and Direction of Second Election.1 The tally of ballots shows 279 for the
Petitioner, 252 for the Intervenor, 19 against the participating labor organizations, and 15
challenged ballots, a sufficient number to affect the results.

1 360 NLRB No. 49 (2014).
2
The Board has reviewed the record in light of the exceptions and briefs, has adopted the
Acting Regional Director’s findings and recommendations,2 and finds that a certification of
representative should be issued.

2 In adopting the Acting Regional Director’s recommendation to sustain the challenges to
the ballots of Melinda Adaya, Lyra Angay, Michelle Ornelas, Abbey Robles, Linda Tran,
Monica Borowsky, Jesus Cayabyab and Derrick Veneziano, we agree with the Acting Regional
Director that it is not necessary to open and count the ballots of Elsa Almendorez, Sonia Trujillo,
Estela Abesames, Cara Carson, Jennifer Dickson, Beata Cogan and Katia Romero, as these
ballots are no longer determinative. Thus, the revised tally of ballots shows 279 for the
Petitioner, 252 for the Intervenor, 19 against participating labor organizations, and 7 challenged
ballots.
The Intervenor filed 34 objections, alleging that conduct of the Employer, Petitioner, and
a third party (California Nurses Association (CNA)), affected the results of the election. In the
absence of exceptions, we adopt pro forma the Acting Regional Director’s overruling of
Objections 14, 27 and 34. In agreement with the Acting Regional Director, and for the reasons
discussed below, we find that the evidence proffered in support of the Intervenor’s remaining
objections does not raise substantial and material issues of fact or law that warrant a hearing. In
adopting the Acting Regional Director’s recommendation to overrule these objections, however,
we do not rely on his statements about the lack of witness cooperation and absence of an unfair
labor practice complaint.
In adopting the Acting Regional Director’s recommendation to overrule Objections 5-10,
13, 15 and 30, collectively alleging that the Employer promulgated campaign ground rules
favoring the Petitioner and monitored protected union activity during the campaign, we find that
the proffered evidence, even if credited, would show only that the Employer enforced the ground
rules equally against the Intervenor, the Petitioner, and their respective agents. See Nestle Co.,
248 NLRB 732, 741 (1980) (objection overruled where the employer’s enforcement of its no-
solicitation, uniform, and jewelry rules equally affected both unions). With regard to Objection
30, alleging that the Employer permitted CNA “to campaign on work time, in work areas, and to
use its bulletin board and access privileges to campaign for NUHW,” we find that the proffered
evidence fails to show that the Employer permitted or condoned CNA’s campaign activity, and
therefore any such activity would not warrant setting aside the election.
In adopting the Acting Regional Director’s recommendation to overrule Objection 25,
alleging that the Petitioner “kept lists of who voted, or created the impression of keeping a list of
who voted,” we rely on the absence of evidence that bargaining unit employees observed such
conduct before casting their ballots. See Chrill Care, Inc., 340 NLRB 1016, 1016 (2003) (“the
Board generally does not find . . . list making coercive in the absence of evidence that employees
knew their names were being recorded”). In adopting the Acting Regional Director’s
recommendation to overrule Objection 28, alleging that the Petitioner promised that eligible
voters would “not have to pay initiation fees if they voted for NUHW,” we find that the
Intervenor failed to proffer evidence identifying an agent of the Petitioner who made the alleged
promise. Finally, in adopting the Acting Regional Director’s recommendation to overrule
Objection 33, alleging that “[t]he [E]mployer, by its agents, campaigned for Petitioner,” we note
3
CERTIFICATION OF REPRESENTATIVE
IT IS CERTIFIED that a majority of the valid ballots have been cast for National Union
of Healthcare Workers (NUHW), and that it is the exclusive collective-bargaining representative
of the employees in the following appropriate unit:
All full-time and regular part-time and per diem employees, and limited part-time
employees employed by the Employer at its facilities located at 1900 Sullivan
Avenue, Daly City, California (Seton Medical Center) and 600 Marine Blvd.,
Moss Beach, California (Seton Coastside) in the following classifications:
Bed Control Coord, Bed Control Lead, Central Serv Tech I, Central Serv Tech II,
Lead Central Service Tech, Centralized Scheduler, Console Operator, Cyto Tech
SR, Env Svc Tech, Env Svc Tech Lead, Hospital Attendant, Linen Service
Worker, Nursing Asst I, Pre-Admissions Registrar, Pulmonary Function Tech,
Radiology Tech Asst, Respiratory Care Aide, Secretary, SNF Staff RN
(Coastside), Lead SNF Staff RN (Coastside), Unit Coordinator, Unit Coordinator
Sr, Vascular Tech II, Waiter/Waitress, Admitting Coord, Anesthesia Tech,
Anesthesia Tech Senior, Cardiology Tech, Cardiopulmonary Rehab Aide, Cath
Lab. Service Tech, Cert Nursing Assistant, Client Service Rep, Clinical Lab Tech,
Cook, Cyto. Tech, Data Entry Clerk, Dietary Clerk, Dietary Clerk II, Driver, Echo
Tech I, Lead Echo Technician II, ER Tech, File Clerk, Film-File Clerk Lead,
Food Service Aide, Lead Food Services, Histo Tech, SR Histo Tech NB,
Instrument Tech, Inventory Clerk, Lab Asst I/Clerk, Lab Asst II/Phlebotomist,
Lab Asst III/Phlebotomist + Process, Library Assistant, LVN, LVN Senior, Mail
Clerk, Med Rec Clk II, Med Rec Clerk III; Med Transcriber, Lead Med
Transcriber, Medical Assistant, Monitor Tech, MR I Tech, Lead MRI Tech/CT
Tech, Neurology Tech, Nuc Med Asst, Nuc Med Tech, Admitting Officer Lead,
Central Serv Aide Tech I, Central Serv Aide, Tech II, Central Supply Clerk, Cook
Lead, Department Secretary, Dietary Tech, Histo Tech Lead, Host/Hostess,
Housekeeping Aide, Housekeeping Aide Lead, Linen Room Worker, Med Rec
Clk I, Med Rec Clk II/Med Rec Clinic Clerk, Nuc Med Tech Lead, Nursing
Asst/Hosp Attendant/Pt Care Attd, OB Tech, PBX Operator, Radiation Therapist
Lead, Receptionist/Information Clerk/Intermed Clerk, Registrar/Admitting
Officer, RN Seton Coastside, Ultrasound Technician, Ultrasound Tech III Lead,
Echo Tech II (RDMS), Office Assistant, Office Coord, Office Coordinator-
WNHS, Office Coord, Senior Office Coordinator, Senior-WNHS, OR Attendant,
OR Tech I, OR Tech II, OR Tech, Senior Pathology Asst, Patient Coordinator
NB, Pharmacy Tech, Pharmacy Tech Sr, PT Aide, PT Asst, Rad Tech I, Rad Tech
II, Rad Tech III, Rad Tech III Lead, Rad Tech IV, Rad Tech/CT Tech, Radiation

the absence of any proffered evidence that employee Debra Amour, the purported supervisor
who appeared in a flier encouraging support for the Petitioner, possessed any of the indicia
necessary to establish supervisory status under Sec. 2(11) of the Act.
4
Therapist, Radiology Aide, Radiology Asst, RCP I (Unreg), RCP II (Reg), RCP
III, Receptionist, Registrar, R.O.I. Tech, Restorative Aide (CNA), Restorative
Aide (not CNA), Simulation Therapist, Staffing Clerk, Storekeeper, Transporter,
Ultrasound Tech I, Ultrasound Tech II, Ultrasound Tech III; excluding all other
employees, office clerical employees, professional employees, confidential
employees, guards, and supervisors as defined in the Act.
Dated, Washington, D.C., November 2, 2015.
________________________________
Mark Gaston Pearce, Chairman
________________________________
Kent Y. Hirozawa, Member
________________________________
Lauren McFerran, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD