Windsor Healthcare Management Inc. d/b/a Windsor Care Center of Petaluma

National Labor Relations Board - Unpublished Board Decisions

Mar 23, 2018

20-CA-199555 (N.L.R.B. Mar. 23, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
WINDSOR HEALTHCARE MANAGEMENT, INC.
d/b/a WINDSOR CARE CENTER OF PETALUMA
and Case 20-CA-199555
SERVICE EMPLOYEES INTERNATIONAL
UNION LOCAL 2015
DECISION AND ORDER
Statement of the Case
On November 16, 2017, Windsor Healthcare Management, Inc. d/b/a Windsor Care
Center of Petaluma (the Respondent), Charging Party Service Employees International
Union Local 2015 (the Union), and the General Counsel of the National Labor Relations
Board entered into a Formal Settlement Stipulation, subject to the Board’s approval,
providing for the issuance of a Board Order. The parties waived all further and other
proceedings before the Board to which they may be entitled under the National Labor
Relations Act and the Board’s Rules and Regulations.
The National Labor Relations Board has delegated its authority in this proceeding to
a three-member panel.
The Formal Settlement Stipulation is approved and made a part of the record, and
the proceeding is transferred to and continued before the Board in Washington, D.C., for
the entry of a Decision and Order pursuant to the provisions of the Formal Settlement
Stipulation.
Based on the Formal Settlement Stipulation and the entire record, the Board makes
the following
Findings of Fact
1. The Respondent’s business
(a) The Respondent, a California corporation with an office and place of business in
Petaluma, California, is engaged in the business of operating a skilled nursing facility.
(b) During the 12 month period ending November 14, 2017, the Respondent, in
conducting its operations, derived gross revenues in excess of $100,000 and purchased
and received goods or services valued in excess of $5000, which originated from points
outside the State of California.
(c) At all material times, the Respondent has been an employer engaged in
commerce within the meaning of Section 2(2), (6), and (7) of the Act.
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2. The labor organization involved
At all material times, the Union has been a labor organization within the meaning of
Section 2(5) of the Act.
ORDER
Based on the above findings of fact, the Formal Settlement Stipulation, and the
entire record, and pursuant to Section 10(c) of the National Labor Relations Act, the
National Labor Relations Board orders that the Respondent, Windsor Healthcare
Management, Inc. d/b/a Windsor Care Center of Petaluma, Petaluma, California, its
officers, agents, successors and assigns, shall
1. Cease and desist from
(a) Refusing to bargain in good faith with the Union as the exclusive collective-
bargaining representative of the employees in the following bargaining unit:
All full-time and part-time Certified Nursing Assistants (CNAs), Restorative Nursing
Assistants (RNAs), Housekeeping, Laundry, Janitor/Maintenance, Dietary and
Activity Assistants, Cooks, and Relief Cooks.
(b) Unreasonably delaying in providing the Union with information it requests that is
relevant and necessary to its role as the bargaining representative of the employees.
(c) In any similar manner interfering with, restraining, or coercing employees in the
exercise of their Section 7 rights.
2. Take the following affirmative action necessary to effectuate the policies of the
Act.
(a) Within five (5) business days of the Respondent’s receipt of a written request by
the Union, directed to the Respondent’s Administrator and/or any other individual
specifically designated at a later date by the Respondent to receive information requests
under this Stipulation, seeking information that is relevant and necessary to the Union’s
role as the bargaining representative of the employees (hereafter an "Information
Request"), the Respondent will give the Union email acknowledgement of its receipt of the
Information Request. Business days are considered Monday through Friday, excluding
holidays.
(b) Within fifteen (15) business days of the Respondent’s receipt of an Information
Request, the Respondent will provide the Union with: (1) all of the information requested
by the Union; or (2) as much of the information requested as is then reasonably available,
and explain to the Union: (i) the reason(s) why the remaining information is not then
reasonably available; and (ii) when the Respondent will provide the remaining information
to the Union. It is understood that the Respondent retains the right to contest the
production of information requests based on privilege, confidentiality, relevance, unfair
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burden or other such considerations. Business days are considered Monday through
Friday, excluding holidays.
(c) If the Union believes that the Respondent’s production of information sought by
the Information Request is being unreasonably delayed, the Respondent will meet with the
Union on demand to bargain over reasonable accommodations regarding the
circumstances under which the required information will be provided.
(d) Compliance with the procedures set forth in paragraphs 2(a)-(c) will constitute
compliance with paragraph 1(b), above.
(e) Within fourteen (14) days of service by the Region, post at its Petaluma,
California facility, copies of the attached Notice (Notice) marked “Appendix A.” Copies of
the Notice, on forms provided by Region 20, after being signed by the Respondent’s
authorized representative, shall be posted for a period of sixty (60) days, in conspicuous
places, including all places where notices to its employees are normally posted. The
Respondent will take reasonable steps to ensure that the notices are not altered, defaced
or covered by any other material. In the event that, during the pendency of these
proceedings, the Respondent has gone out of business or closed any of its facilities
located within the Union’s jurisdiction, the Respondent shall duplicate and mail, at its own
expense, a copy of the notice to all current employees and former employees employed by
the Respondent within the Union’s jurisdiction.
(f) Within twenty (20) days of the issuance of the Board’s Order, file with the
Regional Director of Region 20 of the Board, a sworn affidavit from a responsible official
describing with specificity the manner in which the Respondent has complied with the
terms of the Board’s Order, including the locations of the posted documents.
Dated, Washington, D.C., March 23, 2018
___________________________________
Marvin E. Kaplan, Chairman
___________________________________
Lauren McFerran, Member
___________________________________
William J. Emanuel, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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APPENDIX A
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
PURSUANT TO A STIPULATION PROVIDING FOR A BOARD ORDER
FEDERAL LAW GIVES YOU THE RIGHT TO:
Form, join, or assist a union;
Choose a representative to bargain with us on your behalf;
Act together with other employees for your benefit and protection;
Choose not to engage in any of these protected activities.
WE WILL NOT do anything to prevent you from exercising the above rights.
WE WILL NOT refuse to bargain in good faith with SEIU Local 2015 (the Union) by
unreasonably delaying providing the Union with information that is relevant to its role as
the exclusive collective-bargaining representative of our employees in the following
appropriate unit:
All full-time and part-time Certified Nursing Assistants (CNAs), Restorative Nursing
Assistants (RNAs), Housekeeping, Laundry, Janitor/Maintenance, Dietary and
Activities Assistants, Cooks, and Relief Cooks.
WE WILL NOT in any like or related manner interfere with your rights under Section 7 of
the Act.
WE WILL bargain in good faith with SEIU Local 2015 as the exclusive collective-
bargaining representative of our unit employees in the above-described unit with respect to
wages, hours, and other terms and conditions of employment.
WE HAVE provided the Union with the information it first requested on April 5 and 19,
2017.
Windsor Healthcare Management, Inc.
d/b/a Windsor Care Center of Petaluma
The Board’s decision can be found at www.nlrb.gov/case/20-CA-199555 or by using the
QR code below. Alternatively, you can obtain a copy of the decision from the Executive
Secretary, National Labor Relations Board, 1015 Half St., S.E., Washington, D.C. 20570,
or by calling (202) 273-1940.
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