Marina Del Rey Hospital  (31-CA-029929, et al.; 363 NLRB No. 22)  Marina Del Rey, CA, October 22, 2015.

A Board panel unanimously found that the Respondent’s off-duty employee access policy was lawful on its face, but that the Respondent violated the Act by applying the policy in a discriminatory manner against those employees seeking to engage in union activity.  In addition, a Board panel majority consisting of Members Hirozawa and McFerran found that the Respondent unlawfully modified its appearance and hygiene policy without giving the union notice and an opportunity to bargain.  Member Miscimarra, dissenting, found that the Respondent’s one-sentence addition to its policy did not constitute a change from how the policy had previously been applied, but merely conformed the Respondent’s written policy to its preexisting practice.  The same panel majority also found that the Respondent violated the Act by unilaterally discontinuing payments to the Union’s education fund after the parties’ most recent collective-bargaining agreement expired.  Member Miscimarra, again dissenting, found that relevant provisions in the expired collective bargaining agreement and the Fund’s “Plan Document” established that the parties intended to limit the Respondent’s payment obligation to the contract’s term.

Charges filed by California Nurses Association and Service Employees International Union, United Healthcare Workers-West.  Administrative Law Judge William G. Kocol issued his decision on January 16, 2013.  Members Miscimarra, Hirozawa, and McFerran participated.

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