Mori Pam Rubin v. Hospital of Barstow Inc

Filing 14

ORDER GRANTING TEMPORARY RESTRAINING ORDER UNDER SECTION 10(J) OF THE NATIONAL LABOR RELATIONS ACT by Judge Christina A. Snyder: The Court held a hearing on the verified petition of Mori Pam Rubin, Regional Director of Region 31 of the National Labor Relations Board, herein the Board, for a temporary injunction pursuant to Section 10(j) of the National Labor Relations Act, as amended [61 Stat. 149; 73 Stat. 544; 29 U.S.C. Section 160(j)], herein the Act, pending the final disposition of the matt ers involved herein which are now pending before an Administrative Law Judge of the Board.the Court GRANTS Respondent leave to file an opposition on or before 7/1/2013. Petitioner may file a reply, if any, on or before 7/8/2013. The Court will hold a further hearing in this matter on 7/29/2013 at 10:00 AM. IT IS ORDERED, ADJUDGED, AND DECREED that, pending the further hearing in this matter on 7/29/2013, or the final disposition of the matters at issue before the Board, a temporary restraining o rder shall issue enjoining, restraining, ordering, and directing Respondent, its officers, agents, successors, assigns, and all persons acting in concert or participation with it to cease and desist from failing and refusing to bargain in good faith with the California Nurses Association/National Nurses Organizing Committee (CNA/NNOC), AFLCIO (the Union) as the exclusive collective-bargaining representative of its employees, etc. See document for details. (gk)

O
1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE CENTRAL DISTRICT OF CALIFORNIA

10

WESTERN DIVISION

11
12
13
14
15
16
17
18
19
20
21
22

MORI PAM RUBIN, Regional Director )
)
of Region 31 of the National Labor
)
Relations Board, for and on behalf of )
the NATIONAL LABOR RELATIONS )
)
)
BOARD,
)
Petitioner,
)
)
v.
)
)
HOSPITAL OF BARSTOW, INC.,
)
)
D/B/A BARSTOW COMMUNITY
)
HOSPITAL,
)
)
Respondent.
)
)
)
)

Case No. 5:13-cv-00933-CAS (DTBx)

ORDER GRANTING TEMPORARY
RESTRAINING ORDER UNDER
SECTION 10(J) OF THE NATIONAL
LABOR RELATIONS ACT

THIS MATTER came before the Court on the verified petition of Mori Pam

23

Rubin, Regional Director of Region 31 of the National Labor Relations Board,

24

herein the Board, for a temporary injunction pursuant to Section 10(j) of the

25

National Labor Relations Act, as amended [61 Stat. 149; 73 Stat. 544; 29 U.S.C. §

26

160(j)], herein the Act, pending the final disposition of the matters involved herein

27
28

-1-

1

which are now pending before an Administrative Law Judge of the Board.

2

Respondent failed to file an opposition to the petition.
The Court held a hearing in this matter on June 24, 2013, at which counsel

3
4

for Petitioner and Respondent appeared. After considering the parties’ arguments

5

at the hearing, the Court GRANTS Respondent leave to file an opposition on or

6

before July 1, 2013. Petitioner may file a reply, if any, on or before July 8, 2013.

7

The Court will hold a further hearing in this matter on July 29, 2013, at 10:00

8

a.m.
Furthermore, in order to preserve the status quo pending the continued

9
10

hearing date and because Respondent does not object to the entry of a temporary

11

restraining order pending a further hearing in this matter; now, therefore, it is:

12

ORDERED, ADJUDGED, AND DECREED that, pending the further

13

hearing in this matter on July 29, 2013, or the final disposition of the matters at

14

issue before the Board, a temporary restraining order shall issue enjoining,

15

restraining, ordering, and directing Respondent, its officers, agents, successors,

16

assigns, and all persons acting in concert or participation with it to:

17

Cease and desist from:

18
19
20
21
22

(a)

Nurses Association/National Nurses Organizing Committee (CNA/NNOC), AFLCIO (the Union) as the exclusive collective-bargaining representative of its
employees in the following appropriate Unit with respect to rates of pay, hours of
employment and other terms and conditions of employment:

23
24
25
26

Failing and refusing to bargain in good faith with the California

INCLUDED: all full-time, regular part-time, and per diem Registered
Nurses, including those who serve as relief charge nurses, employed by the
Employer at its facility located at 820 East Mountain View St., Barstow, California
92311 (the Unit).

27

///
28

-2-

EXCLUDED: all other employees, including managers, confidential

1
2

employees, physicians, employees of outside registries and other agencies

3

supplying labor to the Employer, already represented employees, guards and

4

supervisors as defined in the Act, as amended.
(b)

5

Unilaterally changing unit employees’ terms and conditions of

6

employment, including implementing a change to how employees in the Unit can

7

obtain their certification training requirements, or any other change in wages, hours

8

and working conditions during collective bargaining without consent of the Union

9

and without bargaining to an overall good faith bargaining impasse.
(c)

10

Insisting, as a condition of reaching any collective-bargaining

11

agreement, that the Union first provide all of its economic and non-economic

12

proposals and, in support of this position, refusing to offer any proposals or

13

counter-proposals and abruptly shortening and/or cancelling bargaining sessions.
(d)

14

Failing and refusing to bargain with the Union over the terms of a

15

collective-bargaining agreement unless and until the Union agrees that the Unit

16

employees discontinue the use of Assignment Despite Objection (ADO) forms

17

and/or failing and refusing to bargain with the Union about the use of the ADO

18

forms, a mandatory subject for the purposes of collective bargaining.
(e)

19

Failing and refusing to bargain in good faith with the Union as the

20

exclusive collective-bargaining representative of the Unit by engaging in the

21

following conduct: conditioning negotiations on non mandatory subjects of

22

bargaining; refusing to offer proposals or counterproposals; abruptly shortening

23

and/or canceling bargaining sessions; unilaterally implementing changes to Unit

24

employees’ certification training requirements; and insisting as a condition of

25

reaching any collective-bargaining agreement that Unit employees no longer use

26

ADO forms or, alternatively, failing and refusing to bargain with the Union

27

regarding the ADO forms.

28

///
-3-

1

(f)

In any other manner failing or refusing to bargain in good faith with

2

the Union with respect to rates of pay, hours of employment, and other terms and

3

conditions of employment for the employees described above in paragraph (a).

4
5

(g)

In any manner interfering with employees’ rights under Section 7 of

the National Labor Relations Act (29 U.S.C. § 157).

6
7

IT IS SO ORDERED.

8
9

Dated at Los Angeles, California, this 24th day of June, 2013.

10
11
12
13

CHRISTINA A. SNYDER
United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-4-