International Chemical Workers Union Council Complainant v.  Hillsborough County Nursing Home  Respondent

Case No. M-0764-7 Decision No. 2001-050

PRE-HEARING MEMORANDUM and ORDER The International Chemical Workers Union Council, "Union," filed an unfair labor practice (ULP) complaint against the Hillsborough County Nursing Home, "County," on May 1, 2001 alleging violations of RSA 273-A:5 I (a), (b), (c), (e) and (g) resulting from the County's refusal to bargain and making unilateral changes in terms an conditions of employment, notably, by unilaterally promulgating a change in the frequency of weekend coverage assignments of head nurses in violation of the "status quo" principle. The Union's complaint does not specify a requested remedy. The County filed its answer denying the allegations on May 16, 2001, after which the parties appeared for this pre-hearing conference on June 5, 2001. At all times pertinent to these proceedings, the parties have been represented as follows: For the International Chemical Workers                 John Mendolusky, Rep.  Union Council For Hillsborough County Nursing Home                Carolyn Kirby, Esq. The parties to these proceedings are in the process of negotiating a first contract for this unit of supervisory employees. Accordingly, there is no contract of record and, thus, no exhibit in conformity with Rule PUB 201.02. WITNESSES: The Union (Complainant) identified the following witnesses whom it intended to present at hearing: Sandra Kinsey, R.N. Head Nurse Jane Chateauneuf, R.N. Head Nurse The County (Respondent) identified the following witnesses whom it intended to present at hearing: Bruce Moorehead HCNH Administrator Margaret Coughlin Acting Director of Nursing Both parties reserve the right to amend their respective lists of witnesses by giving notice of those changes to each other and to the PELRB at least seven (7) calendar days in advance of any hearing scheduled in this matter. Rules PUB 201.01, 201.02 and 203.01, among others, shall apply. Likewise, each party may rely on the representations of the other that witnesses listed on their respective lists will attend and be available at the hearing. The foregoing list of witnesses is exclusive of any persons who may subsequently called as rebuttal witnesses. EXHIBITS AND DOCUMENTARY EVIDENCE: The Union intends to present the following exhibits: 1. Weekend Supervisor Schedule for 2/10/01-4/22/01 Union Ex. # 1 2. Nurse Leadership Meeting Notes, 2/28//01, 2 pages Union Ex. # 2 3. Memo from M. Coughlin to All Head Nurses, dtd. 3/5/01 Union Ex. # 3 4. Group letter from five nurses to M. Coughlin, dtd. 3/8/01 Union Ex. # 4 5. Letter from M. Coughlin to Head Nurses, dtd. 3/8/01 Union Ex, # 5 6. Sandra Kinsey Request for Time Off, 2 sides, dtd. 2/12/01 Union Ex. # 6 7. Memo from M. Coughlin to Sandra Kinsey, dtd. 3/12/01 Union Ex. # 7 The County intends to present the following exhibits: 1. Head Nurse job description, revised 5/99 County Ex. # 1 2. Head Nurse Routine and Guidelines, dtd 3/92 and 10/00, 3 pages County Ex. # 2 3. Proposed Head Nurse Schedule, 2/24/01 to 5/27/01 County Ex. # 3 4. Revised Head Nurse Schedule, 2/24/01 to 5/27/01 County Ex. # 4 Both parties reserve the right to amend their respective lists of exhibits by giving notice of those changes to each other and to the PELRB at least seven (7) calendar days in advance of any hearing scheduled in this matter, unless there shall have been good cause shown why said changes could not have been noticed in conformity with this schedule. Likewise the parties shall have reviewed, exchanged and marked all copies of exhibits and shall have filed the required copies with the PELRB in conformity with Rule PUB 203.02 at least seven (7) calendar days in advance of any hearing scheduled in this matter. Each party may rely on the representations of the other that exhibits listed above will be available prior to hearing in conformity with the schedule set forth herein. ISSUES FOR DETERMINATION BY THE BOARD: The parties have stipulated the following issue(s) for determination by the PELRB: Whether the County, since on or about March 8, 2001 and all times following, through its agents and representatives, violated RSA 273-A:5 I (a), (b), (c), (e) and (g) by unilaterally promulgating a change in the frequency of weekend coverage assignments of its head nurses? STIPULATIONS OF FACTS: The parties have mutually stipulated four (4) facts pertaining to this proceeding: 1. Hillsborough County Nursing Home, also referred to as the "County," is the certified exclusive representative of head nurses employed by the Hillsborough County Nursing Home. 2. International Chemical Workers Union Council/UFCW (hereinafter the "Union") is the certified exclusive representative of head nurses employed by Hillsborough County Nursing Home. 3. Since February 8, 2000, the County and the Union have been in the process of negotiating the first collective bargaining agreement between the parties. An agreement has not been reached. 4. Head nurses are required to be on call to provide relief nursing coverage on a rotational basis. LENGTH OF HEARING: The time set aside for the presentation of the Complainant's and Respondent's cases in this matter is half (1/2) a day. This matter shall be set for hearing as appears in the "Order" portion of this document. Any request(s) for additional hearing time must be filed no later than the filing date imposed for amending either the list of exhibits or the list of witness, as detailed above. ORDER Unless otherwise ordered as the result of the filing of any subsequent motion, an evidentiary hearing between the parties shall be scheduled to be conducted at the Public Employee Labor Relations Board in Concord, N.H., on Tuesday, July 24, 2001, commencing at 9:30 a.m. These arrangements were agreed upon by the parties' representatives after conferring and matching their respective schedules as to availability between the date of the pre-hearing conference and the date set for hearing. Signed this 6th day of June, 2001. /s/  Parker Denaco PARKER DENACO Executive Director Back

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