UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 01 PROSPECT CHARTER CARE, LLC and Cases 01-CA-200126 01-CA-214788 UNITED NURSES ALLIED PROFESSIONALS, LOCAL 5110 ORDER CONSOLIDATING CASES, CONSOLIDATED COMPLAINT AND NOTICE OF HEARING Pursuant to Section 102.33 of the Rules and Regulations of the National Labor Relations Board (Board), and to avoid unnecessary costs or delay, IT IS ORDERED THAT Case and Case filed by United Nurses Allied Professionals, Local 5110 (Union) against Prospect Charter Care, LLC (Respondent) are consolidated. This Order Consolidating Cases, Consolidated Complaint and Notice of Hearing, which is based on these charges, is issued pursuant to Section 10(b) of the National Labor Relations Act, 29 U.S.C. 151 et seq. (the Act), and Section 102.15 of the Rules and Regulations of the Board and alleges Respondent'has violated the Act as described below: 1. The charge in Case was filed by the Union on June 2, 2017, and a copy Was served by regular mail on June 6, 2017. The charge in Case 01-CA-214788 was filed by the Union on February 12, 2018, and a copy was served by regular mail on February 14, 2018. 2. At all material times, Respondent, a not-for-profit corporation, with an office and place of business in North Providence, Rhode Island, herein called Respondent's North Providence, Rhode Island facility, has been engaged in the operation of a hospital providing inpatient and outpatient medical care. Annually, Respondent, in conducting its business operations described above in paragraph derives gross revenues in excess of $250,000 and purchases and receives at its North Providence, Rhode Island facility, goods valued in excess of $50,000, directly from points outside the State of Rhode Island. 3. At all material times, Respondent has been an employer engaged in commerce within the meaning of Section (6health care institution within the meaning of Section 2(14) of the Act. 4. At all material times, the Union has been a labor organization within the meaning of Section 2(5) of the Act. 5. At all material times, Marcellino held the position of National Director of Labor Relations and has been a supervisor'of Respondent within the meaning of Section 2(11) of the Act and an agent of Respondent within the meaning of Section 2(13) of the Act: 6. The following employees of Respondent, herein called the Nurses? Unit, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: All full?time and regular part-time registered nurses employed by the Employer at its Our Lady of Fatima Hospital (?Fatima facility") and School of Nursing, located at 200 High Service Avenue, North Providence, Rhode Island, as described in Article 1, ?Recognition? in the collective- bargaining agreement between Respondent and the Union, effective from September 23, 2016 through July 31, 2019. The following employees of Respondent, herein called the Service and Maintenance Unit, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: All full-time, regular part?time, and per diem Service and Maintenance employees employed by the Employer at its Our Lady of Fatima Hospital (?Fatima facility?), located at 200 High Service Avenue, North Providence, Rhode Island, as described in Article 1, ?Recognition? in the collective- bargaining agreement between Respondent and the'Union, effective from 2016-2018. At all material times, the Union has been the designated collective? bargaining representative of the Nurses? Unit and Service and Maintenance Unit, and at all material times has been recognized as the representative by Respondent. This recognition has been embodied in successive collective-bargaining agreements, the most recent of which are effective from September 23, 2016 through July 31, 2019 for the Nurses? Unit, and October 30, 2016 through October 29, 2018 for the Service and Maintenance Unit. At all material times, based on Section 9(a) of the Act, the Union has been the exclusive collective-bargaining representative of the Nurses? Unit and the Service and Maintenance Unit. 7. About May 3, 2017, the Union requested, in writing, information related to a mock survey conducted by Respondent at its North Providence, Rhode Island facility. About May 30, 2017, the Union requested, in writing, the results of a study conducted by Aesculap at Respondent?s North Providence, Rhode Island facility. (0) About January 18, 2018, the Union requested, in writing, the results of the JCAHO survey and any documents related to the deficiencies uncovered by the survey. The information requested by the Union, as described in paragraphs and is necessary for, and relevant to, the Union?s performance of its duties as the exclusive collective-bargaining representative of the Unit. Since about May 10, 2017, Respondent has failed and refused to furnish the Union with the information requested'by it as described above in'paragraph Since about June 3, 2017, Respondent has failed andvrefused to furnish the Union with the information requested by it described above in paragraph (9) Since about January 18, 2018, Respondent has failed and refused to furnish the Union with the information requested by it described above in paragraph 8. By the conduct described above in paragraphs and Respondent has been failing and refusing to bargain collectively with the exclusive collective?bargaining representative of its employees, in violation of Section and (5) of the Act. 9. The unfair labor practices of Respondent described above affect commerce within the meaning of Section 2(6) and (7) of the Act. ANSWER REQUIREMENT Respondent is notified that, pursuant to Sections 102.20 and 102.21 of the Board?s Rules and Regulations, it must file an answer to the consolidated complaint. The answer must be received by this office on or before April 10, 2018 or postmarked on or before April 9, 2018. Respondent should file an original and four copies of the answer with this office and serve a copy of the answer on each of the other parties. . An answer may also be filed electronically through the Agency?s website. To file electronically, go to click on File Case Documents, enter the NLRB Case Number, and follow the detailed instructions. 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 I 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 Section 102.21. If the answer being filed electronically is a document containing the required signature, no paper copies of the answer need to be transmitted to the Regional Office. However, if the electronic version of an answer to a complaint is not a file containing the required signature, then the E-filing rules require that such answer containing the required signature continue to 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 still be accomplished by means allowed under 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 a Motion for Default Judgment, that the allegations in the consolidated complaint are true. NOTICE OF HEARING PLEASE TAKE NOTICE THAT on July 24, 2018, at 10:00 at a place to be determined in Providence, Rhode Island, and on consecutive days thereafter until concluded, a hearing will be conducted before an administrative law judge of the National Labor Relations Board. At the hearing, Respondent 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: March 27, 2018 PAUL J. MURPHY, ACTING REGIONAL DIRECTOR NATIONAL LABOR RELATIONS BOARD REGION 01 Attachments