County of Santa Cruz 0137

BOARD OF SUPERVISORS

701 OCEAN STREET, SUITE 500, SANTA CRUZ, CA 95060-4069

(831) 454-2200 FAX: (831) 454-3262 TDD: (831) 454-2123

JANET K. BEAUT2 ELLEN PlRlE MARDI WORMHOUDT TONY CAMPOS MARK W. STONE FIRST DISTRICT SECOND DISTRICT THIRD DISTRICT FOURTH DISTRICT FIFTH DISTRICT

AGENDA: 9/13/05

September 6 , 2005

BOARD OF SUPERVISORS County of Santa Cruz 701 Ocean Street Santa Cruz, CA 95060

RE: SUNSHINE VILLA UNION NEGOTIATIONS

Dear Members of the Board:

Attached is a letter and related material from SEIU Local 415 requesting that the Board support the workers at Sunshine Villa, an assisted care facility in the City of Santa Cruz, by asking the Sunshine Villa management to start negotiating in good faith with the Union.

As the attached material documents, 80% of the workers, in 2004, voted to unionize. This result was later certified by the National Labor Relations Board. Sunshine Villa management has repeatedly refused to negotiate with the Union.

This Board has consistently supported the right of workers to organize, if they so desire. In addition, the Board has adopted a living wage ordinance that applies to County employees and most private sector County contractors. Based on previous Board actions, I think it is reasonable for the Board to adopt the attached resolution urging Sunshine Villa to negotiate in good faith with the Union and supporting a living wage for the workers.

Sincerely, , I

MARDI WORMHOUDT, Supervisor Third District

MW: 1g Attachments

cc: Arcelia Montoya, SEIU Local 415

12 7 1H3

v”138

BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CRUZ, STATE OF CALIFORNIA

RESOLUTION NO.

On the motion of Supervisor duly seconded by Supervisor the following resolution is adopted

RESOLUTION URGING SUNSHINE VILLA TO NEGOTIATE IN GOOD FAITH WITH ITS WORKERS FOR A COLLECTIVE BARGAINING AGREEMENT

WHEREAS, workers at Sunshine Villa perform valuable services for the frail elderly and Alzheimer’s patients residing in Santa Cruz County; and

WHEREAS, workers voted overwhelmingly in June, 2004, to be represented by SEIU Local 415; and

WHEREAS, the National Labor Relations Board (NLRB) certified SEIU Local 415 as the bargaining representative for the workers in October, 2004; and

WHEREAS, the Union alleges that Sunshine Villa has refused to bargain for almost seven months; and

WHEREAS, the National Labor Relations Board has confirmed that Sunshine Villa has refused to bargain in good faith; and

WHEREAS, the refusal to bargain affects the health and well- being of workers and residents of Santa Cruz County.

NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Santa Cruz County strongly urges Sunshine Villa to negotiate in good faith with its workers for a collective bargaining agreement that meets area union standards and provides compensation and benefits at least comparable to the Santa Cruz County Living Wage Ordinance.

PASSED AND ADOPTED by the Board of Supervisors of the County of Santa Cruz, State of California, this day of

, 2005, by the following vote:

AYES : SUPERVISORS NOES : SUPERVISORS ABSENT: SUPERVISORS

TONY CAMPOS, Chairman Board of Supervisors

ATTEST : Clerk of said Board

RESOLUTION URGING SUNSHINE VILLA TO NEGOTIATE IN GOOD FAITH WITH ITS WORKERS FOR A COLLECTIVE BARGAINING AGREEMENT Page 2

DISTRIBUTION : YEIU Local 4 15 County Counsel

1271H3

Local 415 11 -H Alexander Street, Watsonville, CA 95076

831 -724-941 5 Fax: 831 -724-9095 0 1 4 0

September 1, 2005

Honorable Mardi Wormhoudt Board of Supervisors COUNTY OF SANTA CRUZ 701 Ocean Street, Room 500 Santa Cruz, CA 95060

Dear Supervisor Wormhoudt,

Local 415 requests that you place the attached Resolution concerning Sunshine Villa on the September 13, 2005 Board of Supervisors Agenda. Sunshine Villa refused to negotiate with the union for a first contract for more than ten months only to recently express a willingness to do so. However, it turned out to be one more delay. Today, Sunshine Villa reversed positions and again refuses to negotiate. We feel compelled to move forward with our request that the Board support a Resolution in support of the workers.

The union organizing drive with Sunshine Villa began in late April 2004. About a month or so prior to the union election Sunshine Villa hired one of the most aggressive anti-union firms Littler Mendelson. They had an attorney and up to four “Persuaders” at the worksite 24 hours a day. In spite of the efforts made by Littler Mendelson 80% of Sunshine Villa workers overwhelmingly won the union election in front of the National Labor Relations Board (NLRB) in July 2004. In October 2004 the NLRB certified SEIU-4 15 as the union representative for Sunshine Villa workers. As you might be aware on June 28, 2005 the Santa Cruz City Council unanimously passed a Resolution asking Sunshine Villa to start negotiating in good faith with the Union.

Sunshine Villa Workers appreciate the Board of Supervisors consideration and support in this matter.

Thank you for your time and leadership.

Sincerely,

Organizer

cc: Cliff Leo Tillman, Jr., SEIU-Local4 15 Executive Director Joe Keffer, SEIU-Local4 15 Organizing Director Sunshine Villa Organizing Committee

85/31/2885 83: 34 182283 ! ! -OM4 14:84 From- *

SEIU415 PAGE 851 18 Tu467 P. 02/04 F 4 1 0

and

9, 2004, and the hearlng oSP&cex% repo r t recommending

to a St ipulated Election Agreement+ The tally of ballols

resulrs.

The Board has reviewed the record in light; o f the

cexrzffcation of representative should be issued.

85/31/2885 83: 34 182283 1 !-,EIl?04 14!34 F tdnr

SEIU415 PAGE 861 1 8 T-467 P. 03/04 F-910

. .

have been cast For Servxe Employees rnternatfonal Union,

Local 415, AFL-CIO, and that it Is the exclusive *

. , . . 2

85/31/2885 83: 34 182283 1 i-UihilQ 14lJ4 r rum- - *

SEIU415 PAGE 87 / 1 8 lm4rjT P.P4/U4 F-810

Paced, Washington D.C., October 29# 2004,

3

85/31/2885 83: 34 182283 7

SEIU415 PAGE 88/18

0 I44

REGENT ASSISTED LIVING, INC. dhla SUNSHINE VILLA

and Casc 32-CA-21856-1

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 415, SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO

Service Employees International Union, AFL-CIO, herein called the Union, that Regent

Assisted Living, Inc. d/b/a Sunshine Villa, hcrcin called Respondent, has engaged in, and

is engaging in, certain unfair labor practices affecting commcrcc as set forth and defined in

the National Labor Relations Act, as amended, 29 U.S.C. Sec, 15 I , et seq., hcrcin called -.-

the Act, the General ComscI of the National Labor Relations Board, hcrcin caIled the

Board, on behalf of the Board, by the undersigned, pursuant to Section 1 O(b) of the Act

and Section 102.15 of the Board's Rules and Regulations, Series 8, 85 amended, hereby

issues this Complaint and allcges as follows:

1.

The charge was fired by the Union on January 26, 2005, and a copy thereof was

served on Respondent by mail on or about January 27,2005.

85/31/2885 83: 34 182283 SEIU415 PAGE 89/18

0 1 4 5

2.

principal ofice in Portland, Oregon, has been engaged in thc opcration of assistcd living

residential facilities in the States of Washington, Oregon, California, Idaho, Utah and

Arizona. .

(b) During the past twelve months, Respondent, in the coursc and conduct of its

business operations, derived gross revenues in excess of $250,000.

monies.

(d) During the past twelve months, Respondent, in the course and conduct of its

business operations inside the State of California, purchascd and received goods valued in

excess of $5,000 that originated from outside the State of California.

3.

Respondent is now, and has been at all times material herein, an employer engagcd

in cornmerce within the meaning of Section 2(2), (6 ) and (7) of the Act.

4.

The Union is now, and has been at all times material herein, a labor organization

within the meaning of Section 2(5) of the Act.

5 -

At a11 times materia1 herein, Stcvcn L. Gish occupied the position of Treasurer of

Respondent, and is now, and has been, a supervisor of Rcspondcnt within the meaning of

2

85/31/2885 83: 34 182283 SEIU415 PAGE 18/ 18

6.

(a) At all times materia1 hercin prior to October 1 , 2004, Renaissance Senior

Living Management, Inc., herein called Renaissance, was engaged in the operation of an

assisted living residential facility located at 80 Front Street, Santa C m , California, herein

called the Facility.

(b) At all times material herein prior to October 1, 2004, the following-

described employccs, herein called the Renaissance Unit, constituted a unit appropriate for

the purposes of collective bargaining within the meaning of Section 9(b) of the Act:

A11 full-time and regular part-time service and maintenance employees employed by Renaissance at the Facility; excluding all rnanagcrial and administrative employees, including but not limited to activities director, marketing manager, housekeeping supervisor and administrative assistant, all professional employees, Registered Nurses (RNs), Licensed Vocational Nurses (LVNs), confidential. employees. receptionists, office clerical employees, all other employees, guards, and supervisors as defined in the Act.

Unit who voted in a Board-conducted represcntation election in Case 32-RC-5262 sclccted

(d) On or asbout October 29, 2004, in Case 32-RC-5262, the Board certified the

IJnion as the exclusive colkctive-bargaining representative of the employees in the

Renai ssancc Unit .

3

85/31/2885 83: 34 182283 SEIU415 PAGE 11/18

0 1 4 7

(e) At all times since July 9, 2004, the Union, by virtue of Section 9(a) of the

Act, was the exclusive representativc of the employees in the Renaissance Unit, for

purposes of collective bargaining with respect to ratcs of pay, wages, hours of

employment, and other terms and conditions of employment.

7.

(a) On or about October I , 2004, Respondent assumed thc operation of the

Facility fiom Renaissance, and since that date Respondent has continued to operate the

Facility in basically unchanged form, and has employed as a majority of its employees at

the Facility individuals who were previously employees of Renaissance in the Renaissance

Unit.

(b) Rased on the operations described above in paragraph 7(a), Respondent has

continucd the employing entity and i s a successor to Renaissance with respect to any

bargaining obligations on the part: of Renaissance arising from the certification in Case 32-

RC-5262.

8.

(a) At all times matcrial herein since October 1, 2004, the following-described

employees, herein called thc Respondent Unit, have constituted a unit appropriate for the

P U ~ S ~ S of collective bargaining within the meaning of Section 9(b) of thc Act:

All full-time and regular part-time service and maintenance employees employed by Respondent at the Facility; excluding all managerial and administrative employees, including but not Iinitcd to activities director, marketing manager, housekeeping supervisor and administrative assistant, all professional employees, Registered Nurses (RNs), Licensed Vocational Nurses (J,VNs), confidential

4

85/31/2885 83: 34 182283 SEIU415 PAGE 12/ 18

0 1 4 8

employees, receptionists, office clerical employees, all other employees, guards, and supervisors as defined in the Act.

(d) At all times materid herein since October 1, 2004, the Union, by virtue o f

Section 9(a) o f the Act, and in thc circumstances described above in paragraphs G and 7,

has been, and is now, the exclusive representative of the employees in the Respondent

Unit, for purposes of collective bargaining with rcspect to rates of pay, wages, hours of

employment, and other terms and conditions of employment.

9.

On or about November 11 and 19, 2004 and December 18, 2004, the Union, by

letter, requested that Respondent recognize and bargain with it as the exclusive colIective-

bargaining representative of the employees in the Respondent Unit with respect to ratcs of

pay, wages, hours of employment and other terms and conditions of empioymcnt. Copies

of the Union’s November 1 1 and 19, 2004 and December I. 8, 2004 letters are attached

hereto as Exhibit 1, Exhibit 2 and Exhibit 3.

10.

By letter dated Recembcr 23,2004 to the Union, Respondent dcclincd to recognize

or bargain with the Union as the excIusive collcctive-bargaining rcpresentative o f the

employees in the Respondent Unit, and since that time Respondent has declined to

recognize Of bargain with thc hi011 as the exclusive representative of the crnployees in the

Respondent Unit. A copy of Respondent’s Decembcr 23, 2004 ictter to the Union is

attached hcrcto as Exhibit 4.

5

85/31/2885 83: 34 182283 SEIU415 PAGE 131 18

0 1 4 9

11.

By the acts and conduct described above in paragraph IO, and by each of said acts,

Respondent has failed and rehsed, and is failing and refusing, to batgain coflectively and

in good faith with the representative of its employees, and Respondent thereby has been

engaging in unfair labor practices affecting commerce within the meaning o f Sections

8(a)( 1 ) and (5) and Sections 2(6) and (7) of the Act.

A?WWER REQUJ-REMEN2

Rcspondent i s notified that, pursuant to Sections 102.20 and 102.21 of the Board's

Rulcs and Regulations, it must file an amwet to the Complaint. The answer must be

received by this office on or before March 28, 2005. Respondent should file an original

and four copies of the answer with this office and serve a COPY of the answer on cach of the

0th parties. The answer may _nq_t be filed by facsimile transmission. If no answer is

filed, the Board may find, pursuant to a Motion for Summary Judgment, that the

allegations in thc Complaint are true.

DATED AT Oakland, California this 14th day of March 2005.

Regional Director Region 32 NationaI Labor Relations Board 1301 Clay St., Room 3OON Oakland, CA 946 12-52 1 1

PAGE 14/ 18 PAGE 82/05

a061 .

0 150

85/31/2885 83: 34 182283 SEIU415

MAY 3 1 2005

PAGE 15/ 18

0151

May 27,2005

DECISION AND ORDER

BY CHAIRMAN BATTISTA AND MEMBERS LIEBMAN ANT) SCHAUMBER

This i s a refusal-to-bargain case in which the Respon- dent is cmtcsting the Union's certification as bargaining rcprcsentative i n t he underlying r epresentation p rocecd- ing. Pursuant to a charge filed on January 26, 2005, the Gcncral Counsel issued the complaint on March 14, 2005, alleging that thc Respondent has violated Section 8( a)( 1 ) and ( 5 ) of the Act by refusing thc Union's request to bargain following thc Union's certification in Case 32-RC-5262. (Official notice is taken afthe "record" in the representation p rocecding as d efined i n the I3 oard's Rules and Regulations, Secs. 102.68 and 102.691g); Frontier Hotel, 265 NLB 343 (1 982).) The Respondent filed an answer adrnihg in part and denyng in part the allegations in thc complaint, and asserting affirmative de fcnses a On April 4, 2005, the General Counsel filed with the

Board a Motion for Summaty Judgment. On April 6, 2005, the Board issued an order transferring the proceed- ingtotheBoardanda NdticctoShowCause tvhythe motion sb odd not b e g ranted. T h e R espandent filed a response, and the General Counsel filed a reply.

RuIing on Motion far Summary Jrldgmcnt "he Respondmt admits its r e f i d to bargain, but con-

tends that the Union's certification is invalid because the Board exred in overmling the objections to the election in the rcptcscntation proceeding. The Respondcnt's af- firmative d efenscs c ssentially a rguc t hat t he W nion was improperly certified, and therefore the Respondent i s under no legal duty to rccognize or bargain with the Un- ion.

I All representation issues raiscd by the Respondent were or could have been litigated in the prior rcpresenta- tion proceeding. T h e Respondent does not offer to ad- duce at a h earing a ny newly d iscavered and p rcviously unavailable evidence, nor does it allege any special cir- cumstances that would require the Board to reexamine the dccision made in thc representahon proceeding. WC therefore find that the Respondent has not raiscd any

At all material times, the Respondent, an Oregon cor- poration with its principal off ice in Portland, Oregon, has been engaged in the qcration of assistd living residen- tial facilities in thc States of Washington, Oregon, C a b fomia, Idaho, Utah, and Arizona.

' During tbe 12-1110nth period preceding issuance of the complaint, thc Respondent, in the course and conduct of its business operations, dcrivcd gross revenues in cxccss of $250, 000, and dwing the same pcriad, in the C O U ~ and conduct of ib business opmations inside the State of California, the Respondcnt purchased and received goods valued in exccss of $5000 that originated from outside the State o f California.'

We frnd that thc Respondent is an employer engaged in commerce within the meaning of Section 2(2), (G), and (7) of the Act, and that Service Employees Intcmationd Union, Local 4 15, Service Employees International Un- ion, AF'GCIO (the Union) is a labor organization within the meaning of Section 2(5) of the Act.

At all matcria1 times prior to October 1, 2004, Renais- sance Senior Living hdmagement, Tnc. (Renaissance) was engagcd in the Operation of an assisted living resi- dential facility Iocatcd at 80 Front Strcct, Santa Cw,, California (the facility).

' Member Schaumbcr did not participate in thc underlying reprcscn- tation p roctcding. He agrrcs, however, that the Respondcnt h aa n at raised any new rnattcrti or special cirCumstancc$ wmrlting a hearing in this proceding or mcomidcration of the dccision in the representation proceeding. md thatfore that sumrnnry judgment is appropriatc.

Thu~, we deny the Rcplpmdent's requests that the cornplaint be dis- missed, that the Union's certification be revoked, that the urlderlying rcprcsmtatim petition filed in Cnse 32-RC-5262 be dismisscd with prejudice, and that the Rcspondcnt bc awarded costs and attorneys' fccs.

The Respondmt's answer dcnics the allegation, sct forth in para- graph 2(c) of :he complaint, that during the IZ-month period prcccding issuancc of the complaint, thc Respondent rcccivcd in excess of $5000 io fcdcral Medicarc and/or Medicaid money. In view of thc Rcspon- dent's admisvims of thc othm jurisdictional facts alleged in thc com- plaint, 8s found abovc, the Respondcnt's denial of complaint paragraph 2(c) docs not raisc an issue warranting a heating nor affcct our finding that the Rcspondmt i s an crnplbyh engaged in cornmet'ee w itllin thc mcaning of the Act.

344 NLRB No. 88

85/31/2885 83: 34 182283 SEIU415 PAGE 16/ 18 ,

0152 "

MAY 3 1 2005

At all material times prior to October I, 2004, the fol- lowing cmployees (the Rcnaissance unit) constituted a unit appropriate for the purposes of c~llectivc bargaining within the meaning of Section 9@) of the Act:

Ail full-time and regular part-time service and mainte- nance employccs employed by Renaissance at the Fa- cility; excluding all managerial and admjnistrativc em- ployees, inchding but not limited to activities dircctor, markebng managcr, housekeeping supercisor and ad- ministrative assistant; all professional employees, Reg- istered Nurscs (ISNs), Licensed Vocational Nurses (LWs), confidmbd employees, receptionists, office clu-ical q l o y c e s , dl other employees, guards, and supervisors as defmcd in thc Act.

Following thc election held July 9, 2004, in Case 32- RC-5262, the Union was certified on October 29, 2004, BS thc cxclusive collectivebargaining representative of thc employees in the above-describcd Renaissance unit.

At all timcs afkr July 9, 2004, the Union, by virruc of Section 9(a) of the Act, was the excllwivc rcprtsentative ofthe employees in the Renaissance unit for the purposes o f collcctivc bargairing. On or about October 1, 2004, the Respondent assumed

the operation of the facility from Renaissancc, and since that date the Reipondcnt has continued to opcratt the facility in basically unchanged farm and has employed as a majority of its employees at the facility individuals who ~ e r c prtviously employees of Renaissance in the Renaissance unit. Based on thcse operations, the Re- spondent has continued thc employing entity and is a successor to Rcnaissance wth respcct to any bargaining obligation on the part of Renaissance arising from the certification in Case 32-RG-5262.

At all. material timcs since October I , 2004, the em- ployccs in thc following unit (thc Respondent unit) have constituted a unit appropriate for the purposts of collec- tive bargaining within the meaning of Section 9@) o f the Act:

All full-time and regular part-time service and maintc- nanct employees employcd by Respondent at the Facil- ity; excluding all managerial and administrative em- ployees, ZIlcluding but not limited to activities dhctor, rnarkcting manager, housekeeping supcwisor and ad-

. ministrative assistant, all professional employees, k g - istered Nurscs (RNs), Liccnsed Vocationd Nurses (LVNs), confidentid employees, recqtionist~, office clerical employees, all other employees, guards, and supervisors as dcfrned in the Act.

At all material times since October 1, 2004, the Union, by vif lueofSect ion9(a)of theActandinl ightbf thc succcssorship circumstances set forth above, has becn the exclusive reprcsentative of the employccs in the Respon- dent unit for the purposes of callcctive bargaining.

B. Refusal tu Bargain On or about November 1 1 and 19, and December 18,

2004, the Union, by letter, requested &at the Respondent recognize and bargain with it as the cxclusive collective- bargaining representative of the Respondent unit, Since December 23, 2004, the Rcspondenr has failed and re- fused to recog-ni~c and bargain with the Union. Wc find that this failure and refusal constitutes an unlawful re- hsal to bargain in violation of Section 8(a)(l) and (5) of the Act.

CONCLWSXON OF TAW By failing and r efusing s ince D ecember 2 3 , 2 004, t o

bargain with the Union as the exdusivc collcctivt- bargaining representative of ernployccs in the appropriate unit, the Respondent has cngagcd in unfair labor prac- tices affecting comcrce within the meaning of Section 8(3)(1) and (5) and Section 2(6) and (7) ofthc Act.

REMEDY

Having found that the Respondent has violated Section 8(a)(l) and ( 5 ) of the Act, we shall order it to cease and dcsist, to bargain on rcqucst with the Union and, if an understanding is reached, to embody the understanding in a signed agreement.

To ensure that the employees are accorded thc services of thcir sclccted bargaining agcnt for the period provided by law, w e shall construe the initial period of tht ccrtifi- cation as beginning the datc thc Respondent begins to bargain in good faith with thc Union. Mar-Juc PauZtry Co., 136 NLRB 785 (1962); Lamar Hotel, 140 N L B 226,229 (1962), enfd. 328 F.2d 600 (5th Cir. 1964), cert. denied 3 79 U 3 . 8 17 ( 1964); B urneit Construction CQ., 149 NLRB 1419, 1421 (19641, enfb. 350 F.2d 57 (10th Cir. 1965).

ORDER The National Labor Relations Board orders that thc

Respondent, Regent Assisted Living, Xnc. d/b/a Sunshine Villa, Santa CIUZ, California. its officcrs, agents, succes- SQR, and assigns, shall

1. Cease and desist from (a) Refusing to bargain with Service Empfoyecs Inter-

national Union, Local 415, Service Employces Intema- tional Union, AFLCTO, as the exclusive bargaining q - resentative of the cmployecs in the bargaining unst.

85/31/2885 83: 34 182283 SEIU415

SUNSHINE VILLA

(b) In any like or related mannm interfering with, Ie- snaining, or coercing crnployccs in the exercise o f the rights guaranteed them by Section 7 of the Act.

2, Take thc following affimative action ncccssary to tffectuatc the policies of the Act.

(a) On request, bargain with the Wnion as the exclwive representative of the employees in the following appro- priate unit on terns and conditions of employment and, if an understanding is reached, e mbody the understanding in a signed agreement:

A11 f i 1 l - h e and regular part-time servicc ahd mainre- name employees employed by Respondent ~ l i : the F a d - ity: excluding all managerial and administrative em- ployees, including but not limited to activities director, markding manager, housekeeping supexvisor and ad- ministrative assistant, all professional employees, Reg- istered Nurses @INS), Licensed Vocational Nurses (LVNs), confidential employees, receptionists, office clerical employees, all atficr employees, guards, and supckvisors as defined in the A c t

(b) Within 14 days after service by the Region, post at its facility in Santa Cnrz, California, copies of the at- tached notice marked “Appendix.”d Copics of the notice, on forms provided by the Regional Director for Region 32, afim being signed by the Respondent’s authorized representative, shall be posted by the Respondent and maintained for 60 consec~tivc days in conspicuous places, including all pIaces where a. otices t o employees are customarily posted. Reasonable steps shall be taken by the Respondent to ensurc that the notices are not al- tcrcd, defaced, or covered by any othcr material. Xn the event that, during the pendency of these proceedings, thc Respondent has gone out of business or closed thc facil- ity i nvolved i n these proceedings, t hc R tspondent shall duplicate and mail, at i t s own cxpmse, a copy of the no- t ice to all currcnt cmployees and former employees em- ployed by the Respondent at any time since Decembcr 23, 2004.

(c) Within 21 days after service by the Region, file with the Regional Director a sworn certification of 8 re- sponsiblc official on a form provided by the Region at- testing to the steps that the Respondent has taken to com- Ply-

Datcd, Washington, D.C. May 27,2005

’ If thig Order is enforced by a judgmcnt of & United Statcs court of appcals, the words in thc notice reeding “Posttd by Ordct of the Na- tional Cabor Rclations Board” shall rcad “Posted Pursuant to a Judg- ment of thc United Stares Court of Appcals Enforcing an Ordm of the National Labor Relations Board.”

MAY 3 1 2005

PAGE 171 18

0153

3

Robert J, Battista , Chairman

W h B. Liebrnan, M c d c r

Peter C. Schaumber, Member

(SAL) NATIONAL LABOR RELATIONS BOARD APPENDIX

I\JOTlCE TO EMPLOYEES Posted by Ordcr ofthe

National Labor Rclations Board h Agency of the United States Government

7he National Labor Relations Board has found that wc vio- lated Federal labor law and has ordered us to post and obey this nbtice.

FEDERhL LAW GIVES YOU THE RIGHT TO Farm, join or assist a union Choose representatives to bargain with us on

Act together with other employees for you bene-

Choose not to engage i x1 a ny o f t hesc p rotcctcd

WE WILL NOT rcfusc to bargain with Service Employ- ees International Union, Local 415, Scrvice Employees International Union, AFGCIO, as the exclusive repre- sentativc ofthe employees in the bargaining unit.

WE WILL NOT in any like or rclated m m e r interfere with, restrain, or coerce you in the excrcisc of the rights guaranteed you by Section 7 ofthe Act.

WE wru , on request, bargain with the Union and put in writing and sign m y agreement reached on terms and conditions of employment for our employees in the bar- gaining unit:

your behalf

fit and protection

activities.

85/31/2885 83: 34 182283 SEIU415 PAGE 18/ 18

2154

MAY 3 1 2005 4 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD

All fill-time and regular part-time service and mahte- Nmes (RNs), Licensed Vocational Nmcs (LWs), nanm employees cmployed by us at OW F acility; c x- confidential employees, reccprionists, office clerical cluding all. managerial and adminisearive employees, employces, all other employees, guards, and supewj- including but not limited to activities dircctor, market- s a 3 as defined in the Act. ing manager, housekeeping supervisor and adxninistra- =GENT ASSWED LWWG, WC. D/B/A SUNSHINE tive assistant, all professional employees, Registwed VILLA