From SEIU Healthcare 1199NW 1.425.917.9707 Fri Jun 29 11:31:46 2018 MDT Page 1 of 1 FORM EXEMPT UNDER 44 U.S.C 3512 MERNET UNITED STATES OF AMERICA Fonitwigaom NATIONAL LABOR RELATIONS BOARD DO NOT WRITE IN THIS SPACE 2nd Amended CHARGE AGAINST EMPLOYER C889 19-CA-218394 Date 4- 13-2018 ls_t Amd: 5-7-2018' msraucnous: 2nd Amd: 6-29-2018 File an original together with four copies and a copy for each additional charged party named in item 1 with NLRB Regional Director tonne region in which the alleged unfair labor practice occurred or in occurring. 1. EMPLOYER AGAINST WHOM CHARGE IS BROUGHT a. Name of Employer b. Number of workers employed Smokey Point Behavioral Hospital 100 c. Address (Street, city, state, and ZIP code) Employe?fepresenta?ve e. Telephone No. 39955 156th St NE Iohn Beall, CNO 844.202-5555 Marysville, WA 98271 Jamie Beer, HR Fax No. Jheer@srnokeniointbehaviora f. Type of Establishment?aetory, mine, Wheeler; etc.) g. identh principal product or service Healthcare Healthcare h. me above-named employer has engaged in and is engaging in unfair labor practices within the meaning of section subsections (1) and (list subsections) Q) of the National Labor Relations Act, and these unfair labor practices are practices commerce within the meaning of the Act. or these unfair labor practices are unlalr practices affecting commerce within the meaning of the Act and the Postal Reorganization Act. 2. Basis of the Charge (set forth a clear and concise statement of the facts constituting the alleged unfair labor practices) 1) Discnmanto?ly enforced a tic-solicitation policy. 2) Discnminatorily terminate . an 0' 9f_" :4 in retaliation for protected and other concerted activities including but not limited to the terminantin on or about X02018 of: 3) Used surveillance ofpro-umou employees concerto activity to create a chilling effect on union activity. 4) Interrogated workers about thier support for the union. 5) Employer has created the impression of surveillance of protected activities. 3. Ful name of party ?ring charge (If labor organization, give full name, Including local name and number) Healthcare 1199NW 41:. Address (Street and number. city, state, and ZIP code) ?to. Telephone No. 15 South Grady Way, Ste 200 425-306-2802 Renton, WA 98057 Fax No. 425-917-9707 5. Full name of national or international labor organization of which it is an af?liate or constituent unit (to be failed In when charge ls ?led by a labor Omanlzatlon) Service Employee International Union 6. DECLARATION ve charge and that the statements are true to the best of know! - and beli?f. . By (signature or represenran?m 0W making charge) 15 South Grady Way, Ste 200, Renton, WA 93057 (In) 425-917-9707 Adm? 425-306-2802 6/29/2018 {Telephone No.) (date) WILLFUL FALSE STATEMENTS ON THIS CHARGE CAN BE PUNISNED BY FINE AND IMPRISONMENT (0.8. CODE. TITLE 18. SECTION 1001) a; IN or UNITED STATES GOVERNMENT NATIONAL LABOR RELATIONS BOARD SETTLEMENT AGREEMENT POin'taBehavjoral Hospital Case} 19-CA-218394 Subject. to the approval of the Regional Director for the Nat1onal Labor Relations Board", the Charged Party and the Chargirig Party HEREBY AGREE TO SETTLE THE ABOVE MATTER AS FOLLOWS POSTING NOIICE -- After the Re'g?iO'n'al Director" has apprO'v'ed this Ageement, the Regional Of?ce will send copies of the approved Notice to. the Charged Party 1n English and in additional languages if the Regional Director dec1des that 'it' is:- apprOpnate to do sO A responsible of?cial of the Charged Party- will then ?sigh and date those Notices and immediately ?post them" in all IOc?atiOn?s where nOtices to- employees are customarily pOs?teO "at "the Charged Party? facility located at" 3955 156?'1 Street NE, MarysV1lle WA 98271. The Charged Party will keep all NOtlc'es' po'ste?d for 60 consecutive days alter the initial posting. E-MAILING NOTICE The Charged Party will email a copy of the ?signed Notice-1n English and in additional languages if the RegiOnal Di1ect?or decides that it is appropriate to do 30, 1O all employees who "have WOrlced at the Charged Party," 6' fac1l1ty located at 3955 Street Marysviille, WA 98271, at any time since February 1,2018. The message of the e-majl transmitted with the Notice will state: are" distributing- the Attached NOtic?e to Employees to you pursuant to a Settlement Agreement approved by "the RegiOnal Director Of Region. 19 of. the Nat1<$nal Labor Relations BOard 1'11 Case 19"- The Charged Party will forward a copy of that e-mail, with all of "the reeipients? e?mail addresses, tO the Region? Compliance Of?cer" at james. lorang@nirb. gov WITH NOTICE ?-"raei Charged Party will Oor'h?ply with all. the'terms and provisions of said NON-ADMISSION CLAUSE entering\?intothisxAgreement, the ChargedParty does notadmit?th'at it has violated the NatiOnal Labor Relations-Act. PAYMENT- OF WAGES AND BENEFITS Within 14 days from approval ofthis Agreement, the Charged Party will make ?whole the emOIOYees, named bel'oW by payinent "to each- of them of the amount opposite each name. The Charged Party will make appropriate for each named empiOyee. No withholdings be" made" from the interest portiOn of the backpay.l $6.111 l..80'1net.ba.ckpay $10.12 interest on. backpay 100 other make-whole . car-repossessc- ocikedi-ouf-of bank account). $8;22L92'backpay lietlof i?eih?Statement 21492 total $2 757. 28 net backpay $4 57 interest on backpay '32, 26Q. 74 other interim expenses aycare ,un'n?g and mileage jt'O/frOin jOb mterwews incie'as'ed commute" thileage to new jOb)? in lieu Ofreinstatement These backpay ?gures are calculated 'tlirOggh apprommately Friday, July 27, 201-8. Absent settlement by that date, "they will have to be recalculated (W6) $4,143.24 net backpay $8 92 interest on backpay? 152. .16 backpay $10,000.00 frontpay in lieu of reinstatement $14,152.16 total SCOPE OF THE AGREEMENT This Agreement settles only the allegations in the above-captioned case(s), including all allegations covered by the attached Notice to Employees made part of this agreement, and does not settle any other case(s) 0r matters. It does not prevent persons from ?ling charges, the General Counsel from prosecuting complaints, or the Board and the courts from ?nding violations with respect to matters that happened before this Agreement was approved regardless of whether General Counsel knew of those matters or could have easily found them out. The General Counsel reserves the right to use the evidence obtained in the investigation and prosecution of the above-captioned case(s) for any relevant purpose in the litigation of this or any other case(s), and a judge, the Board and the courts "may make ?ndings of fact and/or conclusions of law with respect to said evidence. PARTIES TO THE AGREEMENT If the Charging Party fails or refuses to become a party to this Agreement and the Regional Director determines that it will promote the policies of the National Labor Relations Act, the Regional Director may approve the settlement agreement and decline to issue or reissue a Complaint in this matter. Ifthat occurs,.this Agreement shall be between the Charged Party and the undersigned Regional Director. In that case, a Charging Party may request review of the decision to approve the Agreement. If the General Counsel does not sustain the Regional Director's approval, this Agreement shall be null and void. AUTHORIZATION TO PROVIDE COMPLIANCE INFORMATION AND NOTICES DIRECTLY TO CHARGED PARTY Counsel for the Charged Party authorizes the Regional Of?ce to forward the cover letter describing the general expectations and instructions to achieve compliance, a conformed settlement, original notices and a certi?cation of posting directly to the Charged Party. If such authorization is granted, Counsel will be simultaneously served with a courtesy copy of these documents. Yes No Initials Initials PERFORMANCE Performance by the Charged Party with the terms and provisions of this Agreement shall commence immediately after the Agreement is approved by the Regional Director, or if the Charging Party does not enter into this Agreement, performance shall commence immediately upon receipt by the Charged Party of notice that no review has been requested or that the General Counsel has sustained the Regional Director. The Charged Party agrees that in case of non-compliance with any of the terms of this Settlement Agreement by the Charged Party within twelve (12) months from the date this Agreement is approved by the Regional DireCtor, and after 14 days? notice from the Regional Director of the National Labor Relations Board of such non-compliance without remedy by the Charged Party, the Regional Director will issue a Complaint that includes the allegations covered by the Notice to Employees, as identi?ed above in the Scope of Agreement section, as we'll as ?ling and service ?of the charge(s), commerce facts necessary to establish Board jurisdiction, labor organization status,_appropriate bargaining unit (if applicable), and any other allegations the General Counsel Would ordinarily plead to establish the unfair labor practices. Thereafter, the General Counsel may ?le a Motion for Default Judgment with the Board on the allegations of the Complaint. The Charged Party understands and agrees that all of the allegations of the Complaint will be deemed admitted and that it will have waived its right to ?le an Answer to such Complaint The only 1ssue that the Charged Party may raise before the Board will be whether it defaulted on the terms of this Settlement Agreement. The General Counsel may seek, and the Board may impose, a full remedy for each unfair labor practice identi?ed In the Notice to Employees. The Board may then, without necessity of ti ial or any other proceeding, ?nd all allegations of the Complaint to be true and make ?ndings of fact and conclusions of law consistent with those allegations adverse to the Charged Party on all issues raised by the pleadings. The Board may then issue an Order providing a ?rxi .- remedy. for?the violations found as is appropriate to remedy such violations. The parties further agree'that-t-a US, Court of gAppealsJudgment may be entered enforcing the Board ex parte, a?er-?se??iice or attempted ServicC upr?m Charged Party at the laSt address provided-to the General Counsel. NOTIFICATION OF COMPLIANCE Each party to this Agreement will notify the Regional Director in writing what. steps the Charged Party has taken to comply with the Agreement. This notification shall be given within 5 days, and again after 60 days, from the date of the approval of this Agreement. If the Charging Party does not enter into _:.this Agreement, initial notice Shall be given within 5 days after noti?cation {tom the Regional Director that the Charging Party did not request review or that the General Counsel Sustained the Regional 'Directoi'i?sapprov?alof this agreement. No further action Shall. be taken in the above captioned; case(s) provided} that the Charged Party ?complies- with. the twins and Conditions of this Settlement Agreement and Notice. I Charged Party Charging. Party Smokey Point?B?haVioralHospitalD SEIU Healthcare By: Name:- and Title By: Name and-Title Date I R033 "Ha? 7/27/2018 Print Name and Title below Print. Name and Title below 9&3 Mmipw Date RecommendedQBy: Date 113111134 12 TH H. DEVLEMIN Field Attorney . M55 9747/3? a. omv??M~?~u (To be printed and posted on official Boa rd notice form) FEDERAL LAW GIVES YOU THERIGHT- TO: Form, join, 'or assist a union; Choose a representative to bargain with us on your behalf; Act together with other employees for your bene?t and protection; Choose not to engage in any of these pretected activities. WE WILL NOT do anything to prevent you from exercising the above rights. WILL NOT engage in surveillance to ?nd out about your union and/or protected,?concerted activities. WE WILL NOT make it appear to you that we are engaging in surveillance to observe your union and/or protected, concerted activities. WE WILL NOT ask you about your suppon for a union. WE WILL NOT discriminatorily enforce our solicitation policy by forbidding you from discussing and/or ?soliciting? support for a union at work while allowing you to engage in other non-work-related discussions-and sclicitation. WE WILL NOT discharge you because of your union membership or support. taey iost !ecause we Sischge! tlem. 0 remsiatement to ?le lormerjo!s, an! !ave A - . . - . narges of our former employees and WE WILL notify them in writing that this 'as been done and that their discharges will not be used against them in any way; MWM pay o?ur formei; employee ~-or the wages 'ahd other bene?ts WE HAVE offered our former employees rent?pay in lieu of immediate and fu accepted. WE WILL NOT: in any like or related manner interfere with your rights under Section 7-of the Act. Smokey Point-Behavioral Hospital (Employer) :Datfed?: By}. . .. . . (Representative). (Title) 77122 National Labor RelatioIzs Board an independent Federal agency created In I 935 to enforcejhe National L:a?b?o?r Relations Act. We conduct" secret-ballot elections- to determine whether employees Want union representation and we Investigate and remedy unfair labor practices by employersond unions; To ?nd out more about your rights under the Act and hoW to: ?le charge ortelectton petition you may Speak confdentzally to any agent with the Board RegionaI set forth below or you may call the; Boqltd?s tolI- free number I -844- 762-NLRB 7.62- 6'5. 72) Hearing impairedcallers who. wish to speak to an Agency representative should contact the Federal ReIaySerwce ?ink' 13? external) by visi'iti?ng its? Website at. . .. :ius/ i?mk is external) calling one of its toll free numbers and asking I?itsl AESIstant to caII bur toII'fI?ee number at I 844- 762-NLRB 915 2nd "Telephone: (206)220-6300 ?Sea?t?e; ?Ho'u?rs (If/Operation}. 8:115 girnyto 4:45.135In; THIS IS AN OFFICIAL NOTICE AND.- MUST NOT BE DEFACED BY ANYONE This no?Ce must remaIn postea for 60 consecuttve days from the date of posting and 'rnu?S?t nor be altered, defaced or- covered by any Othermatenal Any questions concerning this notice or? compliance with Its provisions may be directed to the above Regional O??loe's Compliance Of?cei;