Woodcliff Lake Manor Nursing Home, Inc.

National Labor Relations Board - Board Decisions

Sep 8, 1986

281 N.L.R.B. 343 (N.L.R.B. 1986)

WOODCLIFF LAKE MANOR NURSING HOME
Woodcliff Lake Manor Nursing Home , Inc. and
1115 Nursing Home and Hospital Employees
Union, A Division of 1115 Joint Board and
Local 6, International Federation of Health
Professionals, International Longshoremen's As-
sociation, AFL-CIO, Party in Interest
Local 6, International Federation of Health Profes-
sionals, International Longshoremen's Associa-
tion, AFL-CIO and 1115 Nursing Home and
Hospital Employees Union, A Division of 1115
Joint Board and Woodcliff Lake Manor Nurs-
ing Home, Inc., Party in Interest. Cases 22-
CA-11676 and 22-CB-4718
8 September 1986
SUPPLEMENTAL DECISION AND
ORDER
BY CHAIRMAN DO=N AND MEMBERS
JOHANSEN AND BABSON
On 25 April 1986 Administrative Law Judge
James F. Morton issued the attached decision. The
General Counsel filed exceptions and a supporting
brief. The Respondent filed an answering brief.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
The Board has considered the decision and the
record in light of the exceptions and briefs and has
decided to affirm the judge 's rulings, findings, and
conclusions and to adopt the recommended Order
in the judge 's original decision.'
ORDER
The National Labor Relations Board adopts the
recommended Order of the administrative law
judge and orders that Respondent Woodcliff Lake
Manor Nursing Home , Inc., Woodcliff Lake, New
Jersey, its officers, agents, successors, and assigns,
and Respondent Local 6, International Federation
of Health Professionals , International Longshore-
men's Association , AFL-CIO, its officers, agents,
and representatives , shall take the action set forth
in the Order.
' See the judge's original Order as published in 276 NLRB 752 (1985).
Robert A. Pulcini, Esq., for the General Counsel.
Sidney Zwerling Esq. (Zwerling & Zwerling), of New
York, New York, for the Respondent Employer.
343
Jonathan Walter; Esq. (Kirschner, Walters & Willig), of
Philadelphia, Pennsylvania, for the Respondent Union.
Richard Greenspan, Esq., of New York, New York, for
the Charging Party.
SUPPLEMENTAL DECISION
JAMES F . MORTON, Administrative Law Judge. The
Board remanded this case "for the limited purpose of re-
solving the determinative unit status of employees
[Marie] Martin and [Estave] Hercule" as of 12 March
1982. The context in which their status is determinative
concerning the alleged unfair labor practices is set out in
the Board 's decision.'
The unit consists of all nonsupervisory service and
maintenance employees of Woodcliff who worked more
than 20 hours a week . Included in that unit description
are employees classified as nurses aides , housekeeping
and maintenance employees, and dietary aides.
The hearing on remand was held in New York City.
On the entire record in this case , and after due consider-
ation of the memorandum submitted by counsel for
Local 6, I make the following findings of facts, conclu-
sions of law , and recommendations.
The General Counsel's only witness at the hearing on
remand was Woodcliff's administrator, Emily Howell.2
She testified that , in March 1982, Martin and Hercule
had been full-time housekeeping and maintenance em-
ployees who worked with unit employees under the
same supervisor . Respecting the Board's discussion of the
use of the number 157 as a departmental code reference
on a payroll exhibit , Howell testified that department
numbers 140 to about 160 on that exhibit pertained to di-
etary employees and to housekeeping and maintenance
employees , that the outside data processing firm which
assigned those numbers has made "a lot of mistakes," and
that number 157 is no longer used.
I find that Martin and Hercule, on 12 March 1982, had
been full-time housekeeping and maintenance employees
of Woodcliff, that they were then in the unit , that there
were then 57 employees in that unit, and that the Gener-
al Counsel has not shown that Local 6 did not then rep-
resent a majority of those employees.
Accordingly, I resubmit my original findings of fact,
conclusions of law, and recommended Orders
1 276 NLRB 752 (1985).
a Marie Martin and Estave Hercule have left Woodcliff 's employ. The
General Counsel reported that Hercule could not be located and that
Martin had been uncooperative.
' If no exceptions are filed as provided by Sec. 102.46 of the Board's
Rules and Regulations, the findings, conclusions, and recommended
Order shall , as provided in Sec. 102.48 of the Rules , be adopted by the
Board and all objections to them shall be deemed waived for all pur-
poses.
281 NLRB No. 58