Judge to hear Teamsters’ complaint against Boulder City Hospital

By Jean Reid Norman (contact)

Wednesday, May 6, 2009 | 4:45 p.m.

A complaint of unfair labor practices by the Teamsters Union Local 14 against Boulder City Hospital is scheduled to be heard by an administrative law judge on May 12.

The union alleges that managers have interfered with its attempts to organize the hospital's 300 employees by questioning them about their support for the union, creating the impression that employees were under surveillance, posting a memo discouraging employees from engaging in organizing activities, telling some employees that work was not available and threatening to close the hospital if it is unionized.

Attorney Jim Winkler said the hospital denies all of the allegations. "We believe we will be exonerated," he said.

The union filed the charges with the National Labor Relations Board on Dec. 17, the day it filed a petition with the board to hold union elections at the hospital. The union had to collect signatures from at least 30 percent of the hospital's employees, NLRB Deputy Regional Attorney Stephen Wamser said. If the Teamsters Union wins the election, once it is held, the hospital will be required to enter negotiations with it on behalf of the employees.

Larry Griffith, Teamsters Local 14 president and director of operations, said the union wanted to clear up the unfair labor practices before it went forward with election.

An administrative law judge will hear arguments from both the union and hospital. Then both sides will have 35 days to file briefs, and the judge will make a recommendation to the NLRB board in Washington, D.C., which will make a final decision. There is no way to estimate how long the process will take, Wamser said.

The parties usually abide by the NLRB ruling without taking the matter to court for further enforcement, Griffith said.

Employees of the nonprofit hospital asked the Teamsters Local 14 to come in and begin organizing almost a year ago, Griffith said, not because of pay issues, but "based on the way employees were being treated."

Winkler said the NLRB dismissed some of the allegations after the hospital presented evidence refuting them.

He said that many of the remaining allegations come down to the word of an employee against that of a supervisor, and it is best for a judge to determine the credibility issues.

The remaining allegations also involve technical rules about what can and cannot be said during organizing activity, Winkler said.

Griffith said the union just wants the hospital to play by the rules set out in federal labor law.

Once a fair playing field has been established, the union will schedule an election, Griffith said.