Queen of the Valley Medical Center: Summary of NLRB Decisions for Week of Feb. 27 – March 3
Summarized Board Decisions
No Published Decisions Issued.
Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
Queen of the Valley Medical Center (20-RC-185503) Napa, CA, February 28, 2017. The Board denied the Employer’s Request for Review of the Order by Acting Regional Director under NLRB Rule 102.66(c) Concerning Issues to be Litigated at Hearing, the Acting Regional Director’s Decision and Direction of Election, and the Acting Regional Director’s Report Regarding Objections to Election and Certification of Representative as it raised no substantial issues warranting review. The Acting Regional Director had found that the unit sought by the Petitioner of all of the Employer’s nonprofessional employees, including technical employees, employed at several facilities at the Employer’s acute care hospital in Napa is an appropriate unit under the Board’s Healthcare Rule (Board Rules and Regulations, Sec. 103.30) and deferred the resolution of the eligibility of 14 disputed classifications to the post-election challenge proceedings. The Acting Regional Director had also directed a mail ballot election. The Board majority (Members Pearce and McFerran) found that the Acting Regional Director did not abuse her discretion by directing a mail ballot election, but did not rely on the Acting Regional Director’s finding that the eligible employees are “scattered geographically.” The majority noted that the Acting Regional Director was apparently referring to the substantial distances that many off-duty employees would have to drive in the event of a manual election, which is a relevant consideration that supports a mail ballot election due to the employees’ “scattered” schedules, along with the other considerations cited by the Acting Regional Director.
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