NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,486, GOLDEN CROSS CARE II, INC. dba GOLDEN CROSS HEALTH CARE OF FRESNO and HOSPITAL & HEALTH CARE WORKERS’ UNION, LOCAL 250, SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO., (Sep. 19, 1994), National Labor Relations Board, (Sep 19, 1994)
GOLDEN CROSS CARE II, INC. dba GOLDEN CROSS HEALTH CARE OF FRESNO and HOSPITAL & HEALTH CARE WORKERS’ UNION, LOCAL 250, SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO.
314 NLRB No. 197.Case No. 32-CA-12588. September 19, 1994 William J. Pannier III, Administrative Law Judge..
Before Stephens, Devaney and Cohen.
David J. Dolloff, for General Counsel. James A. Bowles (Hill, Farrer & Burrill), Los Angeles, California, and Wilson Clark, San Dimas, California, for Respondent.
Successor Employers--Status as--Control of Operation.--An employer became a successor to its predecessor’s operation as of the date that the successor commenced operating the predecessor’s business, even before a transfer of ownership had occurred, and thereafter became liable for labor relations. The successor demonstrated that it had assumed control of the predecessor’s facility because the contract between the parties gave the successor veto power over changes in the predecessor’s operations. Further, notices posted at the facility listed the successor’s president as the immediate manager of the facility and the successor’s president, in her managerial capacity, was charged with terminating or retaining the predecessor’s employees. Section 2(2).
Back reference: ¶1620.451.
Unilateral Changes by Employer--Work Conditions--Successor Employer Bound.--A successor employer violated its bargaining duty by making unilateral changes in employees’ terms and conditions of employment and by terminating all unit employees whose job performance was purportedly substandard. The employer failed to notify the union or give it an opportunity to bargain over the changes because it refused to recognize the union contract of its predecessor. Section 8(a)(5).
Back reference: ¶3145.438.
Discrimination--Fact Finding--Antiunion Motives.--On the facts, a successor discriminatorily terminated its predecessor’s bargaining unit employees in an attempt to avoid bargaining with a union under the predecessor’s collective bargaining agreement. Section 8(a)(3).
From Text of Board’s Decision
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, [1] and conclusions [2] and to adopt the recommended Order as modified.
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