Valley Deaconess NLRB Complaint

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD

REGION 19

DEACONESS HOSPITAL

and Case 19-CA-119686

VALLEY HOSPITAL

and Case 19-CA-119701

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1199NW, CTW-CLC

ORDER CONSOLIDATING CASES, CONSOLIDATED COMPLAINT AND NOTICE OF HEARING

Pursuant to § 102.33 of the Rules and Regulations of the National Labor

Relations Board (the "Board") and to avoid unnecessary costs or delay, IT IS

ORDERED THAT Case 19-CA-119686, which is based on a charge filed by Service

Employees International Union, Local 1199NW, CTVV-CLC (the "Union"), against

Deaconess Hospital ("Respondent-Deaconess"), and Case 19-CA-119701, which is

based on a charge filed by the Union against Valley Hospital ("Respondent-Valley"), are

consolidated.

This Order Consolidating Cases, Consolidated Complaint and Notice of

Hearing, which is based on these charges, is issued pursuant to § 10(b) of the National

Labor Relations Act (the "Act"), 29 U.S.C. § 151 et seq., and § 102.15 of the Board's

Rules and Regulations and alleges Respondent-Deaconess and Respondent-Valley

(jointly "Respondents") have violated the Act as described below.

1.

(a) The charge in Case 19-CA-119686 was filed by the Union on

December 23, 2013, and a copy was served by regular mail on Respondent-Deaconess

on December 27, 2013.

(b) The charge in Case 19-CA-119701 was filed by the Union on

December 23, 2013, and a copy was served by regular mail on Respondent-Valley on

December 27, 2013.

2.

(a) At all material times, both Respondents have been State of

Delaware corporations, each with an office and place of business in Spokane,

Washington (respectively, "Respondent-Deaconess' facility" and "Respondent-Valley's

facility"), and have been operating hospitals providing inpatient and outpatient medical

care as affiliates and/or subsidiaries of Community Health Care, Inc. ("CHS"), a State of

Delaware corporation engaged in operating hospitals throughout the United States.

(b) In conducting each of their operations described above in

paragraph 2(a), each of Respondents, during the past 12 months, have derived gross

revenues in excess of $250,000.

(c) During the period of time described above in paragraph 2(b), each

of Respondents have purchased and received at their respective facilities goods valued

in excess of $50,000 directly from points located outside the State of Washington.

(d) At all material times, Respondents have been employers engaged

in commerce within the meaning of §§ 2(2), (6), and (7) of the Act and health care

institutions within the meaning of § 2(14) of the Act.

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3.

At all material times, the Union has been a labor organization within the

meaning of § 2(5) of the Act.

4.

(a) At all material times, the following individuals held the positions set

forth opposite their names and have been supervisors of Respondent-Deaconess

and/or Respondent-Valley within the meaning of § 2(11) of the Act and/or agents of

Respondent-Deaconess and/or Respondent-Valley within the meaning of § 2(13) of the

Act:

Jan Ellis

Holy Emery

Melinda Moore

Tim Moran

Rod Schumacher --

Carol Torpey

CHS Regional Human Resources Manager

Respondent-Valley Unit Manager

Respondent-Deaconess Human Resource

Manager

Respondent-Valley Chief Executive Officer

Respondent-Deaconess Interim Chief

Executive Officer

Respondent-Valley Chief Nursing Officer

(b) At all material times, an unnamed agent held the position of

Respondents' chief spokesperson during collective-bargaining negotiations between the

Union and each of Respondents, and has been an agent of Respondents within the

meaning of § 2(13) of the Act.

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5.

(a) The service employees of Respondent-Deaconess (the

"Deaconess Service Unit") employed in the positions set forth in Appendix A-Deaconess

Service Unit annexed hereto and incorporated by reference constitute a unit appropriate

for the purposes of collective bargaining within the meaning of § 9(b) of the Act.

(b) The technical employees of Respondent-Deaconess (the

"Deaconess Technical Unit") employed in the positions set forth in Appendix A-

Deaconess Technical Unit annexed hereto and incorporated by reference constitute a

unit appropriate for the purposes of collective bargaining within the meaning of § 9(b) of

the Act.

(c) The service employees of Respondent-Valley (the "Valley Service

Unit") employed in the positions set forth in Appendix A-Valley Service Unit annexed

hereto and incorporated by reference constitute a unit appropriate for the purposes of

collective bargaining within the meaning of § 9(b) of the Act.

(d) The technical employees of Respondent-Valley (the "Valley

Technical Unit") employed in the positions set forth in Appendix A-Valley Technical Unit

annexed hereto and incorporated by reference constitute a unit appropriate for the

purposes of collective bargaining within the meaning of § 9(b) of the Act.

(e) The registered nurses of Respondent-Valley (the "Valley RN Unit")

employed in the positions set forth in Appendix A-Valley RN Unit annexed hereto and

incorporated by reference constitute a unit appropriate for the purposes of collective

bargaining within the meaning of § 9(b) of the Act.

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(f) Since at least October 1, 2008, and at all material times,

Respondent-Deaconess has recognized the Union as the exclusive collective-

bargaining representative of the Deaconess Service Unit and Deaconess Technical Unit

(collectively, the "Deaconess Units"). This recognition has been embodied in

successive collective-bargaining agreements, the most recent of which were effective

from August 1, 2010, to April [sic] 31, 2013, in the Deaconess Service Unit and August

1, 2010, to July 31, 2013, in the Deaconess Technical Unit.

(g) Since at least October 1, 2008, and at all material times,

Respondent-Valley has recognized the Union as the exclusive collective-bargaining

representative of the Valley Service Unit, Valley Technical Unit, and Valley RN Unit

(collectively, the "Valley Units"). This recognition has been embodied in successive

collective-bargaining agreements, the most recent of which were effective from August

1, 2010, to April [sic] 31, 2013, in the Valley Service Unit, August 1, 2010, to July 31,

2013, in the Valley Technical Unit, and August 1, 2010, to December 31, 2012, in the

Valley RN Unit.

(h) At all material times, based on § 9(a) of the Act, the Union has

been the exclusive collective-bargaining representative of the Deaconess and Valley

Units.

6.

(a) From 6:00 a.m. on December 4, 2013, to 5:59 a.m. on December 5,

2013, certain Unit employees of Respondents ceased work concertedly and engaged in

a strike (the "Strike").

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(b) In advance of the Strike, on November 22, 2013, the Union, by

hand-delivered letters and on behalf of the striking employees, notified Respondents of

the strikers' intent to return to their former positions of employment after the strike

ended at 5:59,a.m. on December 5, 2013.

(c) Consistent with the letters referenced above in paragraph 6(b), on

December 4, 2013, the Union, by hand-delivered letters to Respondents, made

unconditional offers to return to work, on behalf of the striking employees, to their former

positions of employment, effective after 5:59 a.m. on December 5, 2013.

(d) From 6:00 a.m. on December 5, 2013, to 5:59 a.m. on December 7,

2013, Respondent-Valley failed and refused to reinstate its employees who engaged in

the Strike to their former positions of employment.

(e) Respondent-Valley engaged in the conduct described above in

paragraph 6(d) because the named striking employees of Respondent-Valley formed,

joined, and/or assisted the Union and/or engaged in concerted activities, and/or to

discourage employees from engaging in these and/or other Union or protected,

concerted activities.

7.

(a) On May 15, 2014, the Union requested, by hand-delivered letter,

that Respondents furnish the Union with the following information pertaining to the

Deaconess and Valley Units: "The total bargaining unit payroll for 2011, 2012 and 2013

year-to-date, including the specific dollar amounts for each of the following cost areas in

Microsoft Excel: a) Regular wages; b) Overtime wages; c) Charge differential; d)

Sick/medical leave; e) Vacation leave; [and] f) Preceptor Pay."

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(b) On August 7, 2013, the Union requested, by e-mail, that

Respondent-Deaconess furnish the Union with the following information pertaining to

the Deaconess Units: the "[n]umber of shifts and hours of low census assigned to

[Deaconess bargaining unit members] by department for FY2011, FY2012, and FY2103

[sic.] year-to-date" and a "[c]omplete list of all tuition dollars, certification dollars and

education dollars spent on [Deaconess bargaining unit members] by employee name

and job class for FY2011, FY2012 and FY2013 year to date."

(c) On October 2, 2013, the Union requested, by letter, that

Respondents furnish the Union with the information attached to this Consolidated

Complaint as Appendix B, which pertains to Deaconess and Valley Units.

(d) On October 16, 2013, the Union requested, by e-mail, that

Respondent-Valley furnish the Union with the following information pertaining to the

Valley RN Unit: "notes from all Joint Staffing Committee meetings since June of 2012."

(e) On October 22, 2013, the Union requested, by letter, that

Respondents furnish the Union with the following information pertaining to the

Deaconess and Valley Units: "the Actuarial Value of the [2014 medical] plan(s), as

calculated in accordance with the guidelines of the US Department of Health and

Human Services."

(f) On December 2 and 11, 2013, the Union requested, by e-mail and

certified letter, that Respondent-Valley furnish the Union with the following information

pertaining to the Valley Units:

1) True and correct copies of any and all contracts or agreements

[Respondent-Valley] has with any individual or staffing agency to

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provide replacement services or workers for any [U]nion-

represented position during the strike, including all terms and

conditions related to length of commitment, number of days of work

for any replacement employee, and minimum payment amounts.

2) Any and all documents which constitute, relate to, or refer to

negotiations of any contracts described in paragraph 1, including

but not limited to correspondence, notes, emails, drafts, proposals,

counterproposals, memoranda, and any other writing between

employees, agents, and/or representatives of [Respondent-Valley]

and a staffing agency or individual.

3) Copies of any and all contracts that any entity which is part of

[Respondent-Valley] has entered into at any time in the past three

years with any temporary employment agency, registry, or

individual for the provision of temporary labor services.

4) The number of [U]nion-represented employees who were

previously (prior to the Union notifying [Respondent-Valley] of the

strike on December 4) scheduled to work on December 5, 2013.

5) To the extent [Respondent-Valley] anticipates that any of the

individuals described above in paragraph 4 will be assigned low

census hours on December 5-8 because replacement workers are

performing bargaining unit work, please identify those individuals by

job classification and [Respondent-Valley] department, floor, or unit.

(g) On December 11, 2013, the Union requested, by e-mail, that

Respondent-Valley furnish the Union with the following information:

A copy of all letters issued by [Respondent-Valley] to bargaining

unit members regarding reporting to work following the strike [and]

[for each replacement employee: the specific obligations relative to

the engagement of the replacement employees; any contracts

regarding the engagement of the replacement employee; all

communications, including emails between [Respondent-Valley]

and the replacement agency related to the engagement of

replacements; all communications, including emails regarding the

engagement of replacements (including all communications with

[Respondent-Valley's] parent company, Community Health

Systems, and communications with other replacement agencies.

(h) The information requested by the Union, as described above in

paragraphs 7(a) through 7(g) is necessary for, and relevant to, the Union's performance

of its duties as the exclusive collective-bargaining representative of the Deaconess

and/or Valley Units.

(i) From May 15, 2013, to about late October 2013, Respondent-

Deaconess unreasonably delayed in furnishing the Union with the information requested

by it as described above in paragraph 7(b).

(j) Since about the dates listed above in paragraphs 7(a) and 7(c)

through 7(g), Respondents have failed and refused to furnish the Union with the

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information requested by it as described above in paragraphs 7(a) and 7(c) through

7(g).

8.

By the conduct described above in paragraph 6, Respondent-Valley has

been discriminating in regard to the hire or tenure or terms or conditions of employment

of its employees, thereby discouraging membership in a labor organization in violation

of §§ 8(a)(1) and (3) of the Act.

9.

By the conduct described above in paragraph 7, Respondents have been

failing and refusing to bargain collectively and in good faith with the exclusive collective-

bargaining representative of their employees in violation of §§ 8(a)(1) and (5) of the Act.

10.

The unfair labor practices of Respondents described above affect

commerce within the meaning of §§ 2(6) and (7) of the Act.

WHEREFORE, as part of the remedy for the unfair labor practices alleged above,

the General Counsel seeks an Order requiring that Respondents each distribute copies

of the notice electronically, such as by email, posting on an intranet or an internet site,

and/or other electronic means, if Respondents customarily communicate with their

employees by such means.

The General Counsel further seeks all other relief as may be just and proper to

remedy the unfair labor practices alleged.

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ANSWER REQUIREMENT

Respondents are notified that, pursuant to §§ 102.20 and 102.21 of the

Board's Rules and Regulations, they each must file an answer to the Consolidated

Complaint. The answers must be received by this office on or before May 7, 2014, or

postmarked on or before May 6, 2014. Unless filed electronically in a pdf format,

Respondents should each file an original and four copies of their answers with this

office and serve a copy of the answer on each of the other parties.

An answer may also be filed electronically by using the E-Filing system on

the Agency's website. In order to file an answer electronically, access the Agency's

website at http://www.nlrb.qov, click on E-Gov, then click on the E-Filing link on the pull-

down menu. Click on the "File Documents" button under "Regional, Subregional and

Resident Offices" and then follow the directions. The responsibility for the receipt and

usability of the answer rests exclusively upon the sender. Unless notification on the

Agency's website informs users that the Agency's E-Filing system is officially

determined to be in technical failure because it is unable to receive documents for a

continuous period of more than 2 hours after 12:00 noon (Eastern Time) on the due

date for filing, a failure to timely file the answer will not be excused on the basis that the

transmission could not be accomplished because the Agency's website was off-line or

unavailable for some other reason. The Board's Rules and Regulations require that an

answer be signed by counsel or non-attorney representative for represented parties or

by the party if not represented. See § 102.21. If the answer being filed electronically is

a pdf document containing the required signature, no paper copies of the document

need to be transmitted to the Regional Office. However, if the electronic version of an

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answer to a complaint is not a pdf document containing the required signature, then the

E-filing rules require that such answer containing the required signature be. submitted to

the Regional Office by traditional means within three (3) business days after the date of

electronic filing. Service of the answer on each of the other parties must be

accomplished in conformance with the requirements of § 102.114 of the Board's Rules

and Regulations. The answer may not be filed by facsimile transmission. If no answer is

filed or if an answer is filed untimely, the Board may find, pursuant to Motion for Default

Judgment, that the allegations in the Consolidated Complaint are true.

NOTICE OF HEARING

PLEASE TAKE NOTICE that, beginning on the 9th day of September,

2014, at 9:00 a.m., and on consecutive days thereafter until concluded, at a location to

be determined in Spokane, Washington, a hearing will be conducted before an

Administrative Law Judge of the National Labor Relations Board. At the hearing

Respondents and any other party to this proceeding have the right to appear and

present testimony regarding the allegations in this Consolidated Complaint. The

procedures to be followed at the hearing are described in the attached form NLRB-

4668. The procedure to request a postponement of the hearing is described in the

attached Form NLRB-4338.

DATED at Seattle, Washington, this 23rd day of April, 2014.

RonaIdIK. Hooks, Regional Director National Labor Relations Board, Region 19 2948 Jackson Federal Building 915 Second Avenue Seattle, Washington 98174

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APPENDIX A

Deaconess Service Unit:

All full-time, regular part-time, and per diem or on-call non professional employees

employed by [Respondent-Deaconess] at its hospital and medical center located at 800

West 5th Avenue, Spokane, Washington, in the following classifications: Case

Management Assistant, Central Service Technician, Central Service Technician II,

Emergency Department Technician, Financial Liaison, Gastrointestinal Technician,

Health Unit Coordinator, Histology Assistant, HUC/NAC, Information System Specialist,

Medical Secretary, Medical Secretary ESC, Nursing Assistant Certified, Patient Care

Assistant, Phlebotomist, Purchasing Assistant Pharmacy, Purchasing Supply Assistant

OR, Secretary Radiology, Storeroom Clerk, Surgical Scheduler, Surgical Services Aide,

X-Ray Assistants, Utility Worker, Food Service Worker, Housekeeper I, Housekeeper II,

Diet Office Clerk, Laundry and Linen Worker, Food Production Worker, Cook,

Maintenance Worker, and Maintenance Engineer; excluding all other employees, all

employees employed by [Respondent-Deaconess] at other locations, employees

employed by [Respondent-Deaconess'] urgent care clinics, managerial employees,

employees of subcontractors, confidential employees, registered nurses, licensed

practical nurses, professional employees, physicians, technical employees, skilled

maintenance employees, assistant unit managers, business office clerical employees,

guards and supervisors as defined in the Act.

Deaconess Technical Unit:

All full-time, part-time, on-call, and per diem employees employed by [Respondent-

Deaconess] in the job classifications of Licensed Practical Nurse, Pharmacy Technician

Advanced Skills, Respiratory Therapist, Radiologic Technologist, CT Technologist, MRI

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Technician, Nuclear Medicine Technologist, Surgical Technologist, Certified Surgical

Technologist, Histology Technologist, Registered Ultrasound Technologist, Clinical

Mammographer, Cardiovascular Technologist II, Registered ECHO Technologist, and

Radiology Coordinator at its hospital and medical center located at 800 West 5th

Avenue, Spokane, Washington; excluding: all employees in the job classifications of

Nuclear Medicine Tech Coordinator, Radiology Coordinator/Supervisor, Clinical

Mammographer/QA, Dietetic Technician and Ultrasound Coordinator, all other

employees of [Respondent-Deaconess] at the above location, all employees of

[Respondent-Deaconess] at other locations, all employees employed at [Respondent-

Deaconess'] urgent care clinics, all managerial employees, all confidential employees,

all service and maintenance employees, all physicians, all professional employees, all

registered nurses, all skilled maintenance employees, all business office clericals, all

assistant unit managers, and guards and supervisors as defined in the Act.

Valley Service Unit:

All full-time, regular part-time, and per diem or on-call non professional employees

employed by [Respondent-Valley] at its hospital and medical center located at 12606

East Mission Avenue, Spokane, Washington, in the following classifications: Case

Management Assistant, Central Service Technician, Central Service Technician II,

Emergency Department Technician, Financial Liaison, Gastrointestinal Technician,

Health Unit Coordinator, Histology Assistant, HUC/NAC, Information System Specialist,

Medical Secretary, Medical Secretary ESC, Nursing Assistant Certified, Patient Care

Assistant, Phlebotomist, Purchasing Assistant Pharmacy, Purchasing Supply Assistant

OR, Secretary Radiology, Storeroom Clerk, Surgical Scheduler, Surgical Services Aide,

X-Ray Assistants, Utility Worker, Food Service Worker, Housekeeper I, Housekeeper II,

Diet Office Clerk, Laundry and Linen Worker, Food Production Worker, Cook,

Maintenance Worker, and Maintenance Engineer; excluding all other employees, all

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employees employed by [Respondent-Valley] at other locations, employees employed

by [Respondent-Valley's] urgent care clinics, managerial employees, employees of

subcontractors, confidential employees, registered nurses, licensed practical nurses,

professional employees, physicians, technical employees, skilled maintenance

employees, assistant unit managers, business office clerical employees, guards and

supervisors as defined in the Act.

Valley Technical Unit:

All full-time, part-time, on-call, and per diem employees employed by [Respondent-

Valley] in the job classifications of Licensed Practical Nurse, Pharmacy Technician

Advanced Skills, Respiratory Therapist, Radiologic Technologist, CT Technologist, MRI

Technician, Nuclear Medicine Technologist, Surgical Technologist, Certified Surgical

Technologist, Histology Technologist, Registered Ultrasound Technologist, Clinical

Mammographer, Cardiovascular Technologist II, Registered ECHO Technologist, and

Radiology Coordinator at its hospital and medical center located at 12606 East Mission

Avenue, Spokane, Washington; excluding: all employees in the job classifications of

Nuclear Medicine Tech Coordinator, Radiology Coordinator/Supervisor, Clinical

Mammographer/QA, Dietetic Technician and Ultrasound Coordinator, all other

employees of [Respondent-Valley] at the above location, all employees of [Respondent-

Valley] at other locations, all employees employed at [Respondent- Valley's] urgent care

clinics, all managerial employees, all confidential employees, all service and

maintenance employees, all physicians, all professional employees, all registered

nurses, all skilled maintenance employees, all business office clericals, all assistant unit

managers, and guards and supervisors as defined in the Act.

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Valley RN Unit:

All full-time, part-time, on-call, and per diem employees employed in the job

classifications of Registered Nurse and Utilization Review Nurse employed by

[Respondent-Valley] at its hospital and medical center located at 12606 East Mission

Avenue, Spokane, Washington; excluding all employees in the job classifications of

VOSC Charge Registered Nurse, Nurse Educator, Certified Registered Nurse

Anesthetist and Nurse Technician, all other employees employed by [Respondent-

Valley] at the above location, all employees employed by [Respondent-Valley] at other

locations, all employees employed at [Respondent-Valley's] urgent care clinics, all

managerial employees, all confidential employees, all service and maintenance

employees, all physicians, all other professional employees, all technical employees, all

skilled maintenance employees, all business office clerical employees, all assistant unit

managers, and guards and supervisors as defined in the Act.

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APPENDIX B

October 2, 2013

Information Request for RN, Service and Technical Bargaining units at Valley and Deaconess Hospitals.

Dear Mr. Carmody:

On behalf of SEIU Healthcare 1199NW, I am requesting the following information necessary for representation of our members and to fulfill our duty of representation in this bargain.

1. Copies of workers compensation claims filed for the period 2010 to date. Provide documents showing what claims were approved and compensable, and what claims were denied as well as days lost and other workers compensation data maintained by the Hospital.

2. For the period 2010 to date, written workplace violence prevention programs and related policies.

3. Current workplace violence prevention policies related to a. Restraint and seclusion b. Acuity assessment and supervision of patients c. Emergency codes and procedures d. Staffing e. Environment of care

5. Data for 2010 to date for the following: a. WSHA Injury and illness logs, including but not limited to OSHA 300 and all incident reports b. Patient incident data c. Any data reports or analyses showing experience and trends of safety issues

6. The current form used by employees to report a patient assault or other assault.

7. For the period 2010 to date, information about all committees that play a role in workplace violence prevention, the framework under which they operate, and copies of their minutes and any important projects they have conducted or are conducting relevant to workplace violence prevention.

8. For the period 2008 to date, any Joint Commission reports as well as notices of deficiency, grievances, and notices of violation that relate to workplace violence and safety.

9. The Annual Safety Plan. Please send the plans for 2010, 2011, 2012, and 2013.

10. The violence prevention plan. Please provide any and all training provided related to this plan, the minutes and sign in sheets for these trainings, as well as the materials provided in such trainings.

11. Provide the current written accident prevention program.

12. Provide minutes from the safety committee for the period January 1, 2010 to date.

13. Provide a copy of the written Chemical Hazard Communication Program.

14. For the period 2010 to present, provide the written workplace assessment of the entire hospital to determine if hazards are present, or likely to be present, which necessitate the use of personal protective equipment. Provide the assessment and the training and other evidence of implementation of such safety precautions.

15. Provide a copy of the Emergency Response Plan for the hospital.

16. What areas in the Hospital have employees mixing hazardous chemicals. Do those areas have emergency washing facilities, and if so, identify the specific locations of those emergency washing facilities.

17. Provide all records for 2010-2013 to date of occupational injuries and illnesses.

18. Provide a copy of the bloodbome pathogens Exposure Control Plan.

19. Provide the following documents pertaining to Safety Lifting: a. The names and job titles of the safe patient handling committee b. The safe patient handling program c. The safe patient handling policy for all shifts and units of the hospital d. The patient handling hazard assessment. e. The process to identify the appropriate use of the safe patient handling policy based

on the patient's physical and medical condition and the availability of lifting equipment or lift teams;

f. Copies from 2010 to date of the annual performance evaluation of the program to determine its effectiveness

g. list of lifts and their specific location in the hospital. Identify how many lifts there are for acute care available inpatient beds.

Ii. Training on policies, equipment and devises provided 2009 to date, and the list of employees trained and the date of the training and the materials provided at such training.

i. Procedures for hospital employees to refuse to perform or be involved in patient handling or movement that the hospital employee believes in good faith will expose a

patient or a hospital employee to an unacceptable risk of injury. Note: A hospital employee who in good faith follows the procedure developed by the hospital in accordance with this subsection shall not be the subject of disciplinary action by the hospital for the refusal to perform or be involved in the patient handling or movement.

Please provide this information no later than October 28, 2013.

Thank you for your attention to this. Please 03 II me if you have any questions or need clarification on any item.

Sincerely,

Emily Van Bronkhorst Executive Vice President SEW Healthcare 1199NW

Cc: Diane Sosne