Summarized Board Decisions

Southcoast Hospitals Group, Inc. (01-CA-150261; 365 NLRB No. 100) Wareham, MA, June 28, 2017.

The Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to provide the Union with requested information. The Board also adopted the judge’s conclusion that the Respondent violated Section 8(a)(5) and (1) by unilaterally implementing its final offer without having reached a valid impasse. In so doing, the majority (Members Pearce and McFerran) relied on the Respondent’s inability to demonstrate that impasse existed as to any particular issue and, assuming impasse was reached on a particular issue, the Respondent’s inability to show that the impasse led to a breakdown in overall negotiations. Chairman Miscimarra, concurring, relied solely on the Respondent’s inability to show that there was a breakdown in overall negotiations. The same majority found it unnecessary to pass on whether the Respondent violated Section 8(a)(5) by introducing a new and regressive proposal in violation of the parties’ ground rules; Chairman Miscimarra would affirm the judge’s finding that the Respondent did not violate Section 8(a)(5) in this regard.

Charge filed by the Massachusetts Nurses Association. Administrative Law Judge David I. Goldman issued his decision on March 7, 2016. Chairman Miscimarra and Members Pearce and McFerran participated.