UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 19 DEACONESS HOSPITAL and VALLEY HOSPITAL

and SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1199NW, CTW-CLC ORDER CONSOLIDATING CASES, CONSOLIDATED COMPLAINT AND NOTICE OF HEARING Pursuant to 102.33 of the Rules and Regulations of the National Labor Relations Board (the "Board") and to avoid unnecessary costs or delay, IT IS ORDERED THAT Case 19-CA-119686, which is based on a charge filed by Service Employees International Union, Local 1199NW, CTVV-CLC (the "Union"), against Deaconess Hospital ("Respondent-Deaconess"), and Case 19-CA-119701, which is based on a charge filed by the Union against Valley Hospital ("Respondent-Valley"), are consolidated. This Order Consolidating Cases, Consolidated Complaint and Notice of Hearing, which is based on these charges, is issued pursuant to 10(b) of the National Labor Relations Act (the "Act"), 29 U.S.C. 151 et seq., and 102.15 of the Board's Rules and Regulations and alleges Respondent-Deaconess and Respondent-Valley (jointly "Respondents") have violated the Act as described below. Case 19-CA-119701 Case 19-CA-119686

1. (a) The charge in Case 19-CA-119686 was filed by the Union on

December 23, 2013, and a copy was served by regular mail on Respondent-Deaconess on December 27, 2013. (b) The charge in Case 19-CA-119701 was filed by the Union on

December 23, 2013, and a copy was served by regular mail on Respondent-Valley on December 27, 2013. 2. (a) At all material times, both Respondents have been State of

Delaware corporations, each with an office and place of business in Spokane, Washington (respectively, "Respondent-Deaconess' facility" and "Respondent-Valley's facility"), and have been operating hospitals providing inpatient and outpatient medical care as affiliates and/or subsidiaries of Community Health Care, Inc. ("CHS"), a State of Delaware corporation engaged in operating hospitals throughout the United States. (b) In conducting each of their operations described above in

paragraph 2(a), each of Respondents, during the past 12 months, have derived gross revenues in excess of $250,000. (c) During the period of time described above in paragraph 2(b), each

of Respondents have purchased and received at their respective facilities goods valued in excess of $50,000 directly from points located outside the State of Washington. (d) At all material times, Respondents have been employers engaged

in commerce within the meaning of 2(2), (6), and (7) of the Act and health care institutions within the meaning of 2(14) of the Act.

3. At all material times, the Union has been a labor organization within the meaning of 2(5) of the Act. 4. (a) At all material times, the following individuals held the positions set

forth opposite their names and have been supervisors of Respondent-Deaconess and/or Respondent-Valley within the meaning of 2(11) of the Act and/or agents of Respondent-Deaconess and/or Respondent-Valley within the meaning of 2(13) of the Act: Jan Ellis Holy Emery Melinda Moore CHS Regional Human Resources Manager Respondent-Valley Unit Manager Respondent-Deaconess Human Resource Manager Tim Moran Rod Schumacher -Respondent-Valley Chief Executive Officer Respondent-Deaconess Interim Chief Executive Officer Carol Torpey (b) Respondent-Valley Chief Nursing Officer

At all material times, an unnamed agent held the position of

Respondents' chief spokesperson during collective-bargaining negotiations between the Union and each of Respondents, and has been an agent of Respondents within the meaning of 2(13) of the Act.

5. (a) The service employees of Respondent-Deaconess (the

"Deaconess Service Unit") employed in the positions set forth in Appendix A-Deaconess Service Unit annexed hereto and incorporated by reference constitute a unit appropriate for the purposes of collective bargaining within the meaning of 9(b) of the Act. (b) The technical employees of Respondent-Deaconess (the

"Deaconess Technical Unit") employed in the positions set forth in Appendix ADeaconess Technical Unit annexed hereto and incorporated by reference constitute a unit appropriate for the purposes of collective bargaining within the meaning of 9(b) of the Act. (c) The service employees of Respondent-Valley (the "Valley Service

Unit") employed in the positions set forth in Appendix A-Valley Service Unit annexed hereto and incorporated by reference constitute a unit appropriate for the purposes of collective bargaining within the meaning of 9(b) of the Act. (d) The technical employees of Respondent-Valley (the "Valley

Technical Unit") employed in the positions set forth in Appendix A-Valley Technical Unit annexed hereto and incorporated by reference constitute a unit appropriate for the purposes of collective bargaining within the meaning of 9(b) of the Act. (e) The registered nurses of Respondent-Valley (the "Valley RN Unit")

employed in the positions set forth in Appendix A-Valley RN Unit annexed hereto and incorporated by reference constitute a unit appropriate for the purposes of collective bargaining within the meaning of 9(b) of the Act.

(f)

Since at least October 1, 2008, and at all material times,

Respondent-Deaconess has recognized the Union as the exclusive collectivebargaining representative of the Deaconess Service Unit and Deaconess Technical Unit (collectively, the "Deaconess Units"). This recognition has been embodied in successive collective-bargaining agreements, the most recent of which were effective from August 1, 2010, to April [sic] 31, 2013, in the Deaconess Service Unit and August 1, 2010, to July 31, 2013, in the Deaconess Technical Unit. (g) Since at least October 1, 2008, and at all material times,

Respondent-Valley has recognized the Union as the exclusive collective-bargaining representative of the Valley Service Unit, Valley Technical Unit, and Valley RN Unit (collectively, the "Valley Units"). This recognition has been embodied in successive collective-bargaining agreements, the most recent of which were effective from August 1, 2010, to April [sic] 31, 2013, in the Valley Service Unit, August 1, 2010, to July 31, 2013, in the Valley Technical Unit, and August 1, 2010, to December 31, 2012, in the Valley RN Unit. (h) At all material times, based on 9(a) of the Act, the Union has

been the exclusive collective-bargaining representative of the Deaconess and Valley Units. 6. (a) From 6:00 a.m. on December 4, 2013, to 5:59 a.m. on December 5,

2013, certain Unit employees of Respondents ceased work concertedly and engaged in a strike (the "Strike").

(b)

In advance of the Strike, on November 22, 2013, the Union, by

hand-delivered letters and on behalf of the striking employees, notified Respondents of the strikers' intent to return to their former positions of employment after the strike ended at 5:59,a.m. on December 5, 2013. (c) Consistent with the letters referenced above in paragraph 6(b), on

December 4, 2013, the Union, by hand-delivered letters to Respondents, made unconditional offers to return to work, on behalf of the striking employees, to their former positions of employment, effective after 5:59 a.m. on December 5, 2013. (d) From 6:00 a.m. on December 5, 2013, to 5:59 a.m. on December 7,

2013, Respondent-Valley failed and refused to reinstate its employees who engaged in the Strike to their former positions of employment. (e) Respondent-Valley engaged in the conduct described above in

paragraph 6(d) because the named striking employees of Respondent-Valley formed, joined, and/or assisted the Union and/or engaged in concerted activities, and/or to discourage employees from engaging in these and/or other Union or protected, concerted activities. 7. (a) On May 15, 2014, the Union requested, by hand-delivered letter,

that Respondents furnish the Union with the following information pertaining to the Deaconess and Valley Units: "The total bargaining unit payroll for 2011, 2012 and 2013 year-to-date, including the specific dollar amounts for each of the following cost areas in Microsoft Excel: a) Regular wages; b) Overtime wages; c) Charge differential; d) Sick/medical leave; e) Vacation leave; [and] f) Preceptor Pay."

(b)

On August 7, 2013, the Union requested, by e-mail, that

Respondent-Deaconess furnish the Union with the following information pertaining to the Deaconess Units: the "[n]umber of shifts and hours of low census assigned to [Deaconess bargaining unit members] by department for FY2011, FY2012, and FY2103 [sic.] year-to-date" and a "[c]omplete list of all tuition dollars, certification dollars and education dollars spent on [Deaconess bargaining unit members] by employee name and job class for FY2011, FY2012 and FY2013 year to date." (c) On October 2, 2013, the Union requested, by letter, that

Respondents furnish the Union with the information attached to this Consolidated Complaint as Appendix B, which pertains to Deaconess and Valley Units. (d) On October 16, 2013, the Union requested, by e-mail, that

Respondent-Valley furnish the Union with the following information pertaining to the Valley RN Unit: "notes from all Joint Staffing Committee meetings since June of 2012." (e) On October 22, 2013, the Union requested, by letter, that

Respondents furnish the Union with the following information pertaining to the Deaconess and Valley Units: "the Actuarial Value of the [2014 medical] plan(s), as calculated in accordance with the guidelines of the US Department of Health and Human Services." (f) On December 2 and 11, 2013, the Union requested, by e-mail and

certified letter, that Respondent-Valley furnish the Union with the following information pertaining to the Valley Units: 1) True and correct copies of any and all contracts or agreements [Respondent-Valley] has with any individual or staffing agency to

provide replacement services or workers for any [U]nionrepresented position during the strike, including all terms and conditions related to length of commitment, number of days of work for any replacement employee, and minimum payment amounts. 2) Any and all documents which constitute, relate to, or refer to negotiations of any contracts described in paragraph 1, including but not limited to correspondence, notes, emails, drafts, proposals, counterproposals, memoranda, and any other writing between employees, agents, and/or representatives of [Respondent-Valley] and a staffing agency or individual. 3) Copies of any and all contracts that any entity which is part of [Respondent-Valley] has entered into at any time in the past three years with any temporary employment agency, registry, or individual for the provision of temporary labor services. 4) The number of [U]nion-represented employees who were previously (prior to the Union notifying [Respondent-Valley] of the strike on December 4) scheduled to work on December 5, 2013. 5) To the extent [Respondent-Valley] anticipates that any of the individuals described above in paragraph 4 will be assigned low census hours on December 5-8 because replacement workers are performing bargaining unit work, please identify those individuals by job classification and [Respondent-Valley] department, floor, or unit.

(g)

On December 11, 2013, the Union requested, by e-mail, that

Respondent-Valley furnish the Union with the following information: A copy of all letters issued by [Respondent-Valley] to bargaining unit members regarding reporting to work following the strike [and] [for each replacement employee: the specific obligations relative to the engagement of the replacement employees; any contracts regarding the engagement of the replacement employee; all communications, including emails between [Respondent-Valley] and the replacement agency related to the engagement of replacements; all communications, including emails regarding the engagement of replacements (including all communications with [Respondent-Valley's] parent company, Community Health Systems, and communications with other replacement agencies. (h) The information requested by the Union, as described above in

paragraphs 7(a) through 7(g) is necessary for, and relevant to, the Union's performance of its duties as the exclusive collective-bargaining representative of the Deaconess and/or Valley Units. (i) From May 15, 2013, to about late October 2013, Respondent-

Deaconess unreasonably delayed in furnishing the Union with the information requested by it as described above in paragraph 7(b). (j) Since about the dates listed above in paragraphs 7(a) and 7(c)

through 7(g), Respondents have failed and refused to furnish the Union with the

information requested by it as described above in paragraphs 7(a) and 7(c) through 7(g). 8. By the conduct described above in paragraph 6, Respondent-Valley has been discriminating in regard to the hire or tenure or terms or conditions of employment of its employees, thereby discouraging membership in a labor organization in violation of 8(a)(1) and (3) of the Act. 9. By the conduct described above in paragraph 7, Respondents have been failing and refusing to bargain collectively and in good faith with the exclusive collectivebargaining representative of their employees in violation of 8(a)(1) and (5) of the Act. 10. The unfair labor practices of Respondents described above affect commerce within the meaning of 2(6) and (7) of the Act. WHEREFORE, as part of the remedy for the unfair labor practices alleged above, the General Counsel seeks an Order requiring that Respondents each distribute copies of the notice electronically, such as by email, posting on an intranet or an internet site, and/or other electronic means, if Respondents customarily communicate with their employees by such means. The General Counsel further seeks all other relief as may be just and proper to remedy the unfair labor practices alleged.

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ANSWER REQUIREMENT Respondents are notified that, pursuant to 102.20 and 102.21 of the Board's Rules and Regulations, they each must file an answer to the Consolidated Complaint. The answers must be received by this office on or before May 7, 2014, or postmarked on or before May 6, 2014. Unless filed electronically in a pdf format,

Respondents should each file an original and four copies of their answers with this office and serve a copy of the answer on each of the other parties. An answer may also be filed electronically by using the E-Filing system on the Agency's website. In order to file an answer electronically, access the Agency's website at http://www.nlrb.qov, click on E-Gov, then click on the E-Filing link on the pulldown menu. Click on the "File Documents" button under "Regional, Subregional and Resident Offices" and then follow the directions. The responsibility for the receipt and usability of the answer rests exclusively upon the sender. Unless notification on the Agency's website informs users that the Agency's E-Filing system is officially determined to be in technical failure because it is unable to receive documents for a continuous period of more than 2 hours after 12:00 noon (Eastern Time) on the due date for filing, a failure to timely file the answer will not be excused on the basis that the transmission could not be accomplished because the Agency's website was off-line or unavailable for some other reason. The Board's Rules and Regulations require that an answer be signed by counsel or non-attorney representative for represented parties or by the party if not represented. See 102.21. If the answer being filed electronically is a pdf document containing the required signature, no paper copies of the document need to be transmitted to the Regional Office. However, if the electronic version of an

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answer to a complaint is not a pdf document containing the required signature, then the E-filing rules require that such answer containing the required signature be . submitted to the Regional Office by traditional means within three (3) business days after the date of electronic filing. Service of the answer on each of the other parties must be accomplished in conformance with the requirements of 102.114 of the Board's Rules and Regulations. The answer may not be filed by facsimile transmission. If no answer is filed or if an answer is filed untimely, the Board may find, pursuant to Motion for Default Judgment, that the allegations in the Consolidated Complaint are true. NOTICE OF HEARING PLEASE TAKE NOTICE that, beginning on the 9th day of September, 2014, at 9:00 a.m., and on consecutive days thereafter until concluded, at a location to be determined in Spokane, Washington, a hearing will be conducted before an Administrative Law Judge of the National Labor Relations Board. At the hearing Respondents and any other party to this proceeding have the right to appear and present testimony regarding the allegations in this Consolidated Complaint. The procedures to be followed at the hearing are described in the attached form NLRB4668. The procedure to request a postponement of the hearing is described in the attached Form NLRB-4338. DATED at Seattle, Washington, this 23rd day of April, 2014.

RonaIdI K. Hooks, Regional Director National Labor Relations Board, Region 19 2948 Jackson Federal Building 915 Second Avenue Seattle, Washington 98174

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APPENDIX A

Deaconess Service Unit: All full-time, regular part-time, and per diem or on-call non professional employees employed by [Respondent-Deaconess] at its hospital and medical center located at 800 West 5th Avenue, Spokane, Washington, in the following classifications: Case Management Assistant, Central Service Technician, Central Service Technician II, Emergency Department Technician, Financial Liaison, Gastrointestinal Technician, Health Unit Coordinator, Histology Assistant, HUC/NAC, Information System Specialist, Medical Secretary, Medical Secretary ESC, Nursing Assistant Certified, Patient Care Assistant, Phlebotomist, Purchasing Assistant Pharmacy, Purchasing Supply Assistant OR, Secretary Radiology, Storeroom Clerk, Surgical Scheduler, Surgical Services Aide, X-Ray Assistants, Utility Worker, Food Service Worker, Housekeeper I, Housekeeper II, Diet Office Clerk, Laundry and Linen Worker, Food Production Worker, Cook, Maintenance Worker, and Maintenance Engineer; excluding all other employees, all employees employed by [Respondent-Deaconess] at other locations, employees employed by [Respondent-Deaconess'] urgent care clinics, managerial employees, employees of subcontractors, confidential employees, registered nurses, licensed practical nurses, professional employees, physicians, technical employees, skilled maintenance employees, assistant unit managers, business office clerical employees, guards and supervisors as defined in the Act.

Deaconess Technical Unit: All full-time, part-time, on-call, and per diem employees employed by [RespondentDeaconess] in the job classifications of Licensed Practical Nurse, Pharmacy Technician Advanced Skills, Respiratory Therapist, Radiologic Technologist, CT Technologist, MRI 13

Technician, Nuclear Medicine Technologist, Surgical Technologist, Certified Surgical Technologist, Histology Technologist, Registered Ultrasound Technologist, Clinical Mammographer, Cardiovascular Technologist II, Registered ECHO Technologist, and Radiology Coordinator at its hospital and medical center located at 800 West 5th Avenue, Spokane, Washington; excluding: all employees in the job classifications of Nuclear Medicine Tech Coordinator, Radiology Coordinator/Supervisor, Clinical Mammographer/QA, Dietetic Technician and Ultrasound Coordinator, all other employees of [Respondent-Deaconess] at the above location, all employees of [Respondent-Deaconess] at other locations, all employees employed at [RespondentDeaconess'] urgent care clinics, all managerial employees, all confidential employees, all service and maintenance employees, all physicians, all professional employees, all registered nurses, all skilled maintenance employees, all business office clericals, all assistant unit managers, and guards and supervisors as defined in the Act.

Valley Service Unit: All full-time, regular part-time, and per diem or on-call non professional employees employed by [Respondent-Valley] at its hospital and medical center located at 12606 East Mission Avenue, Spokane, Washington, in the following classifications: Case Management Assistant, Central Service Technician, Central Service Technician II, Emergency Department Technician, Financial Liaison, Gastrointestinal Technician, Health Unit Coordinator, Histology Assistant, HUC/NAC, Information System Specialist, Medical Secretary, Medical Secretary ESC, Nursing Assistant Certified, Patient Care Assistant, Phlebotomist, Purchasing Assistant Pharmacy, Purchasing Supply Assistant OR, Secretary Radiology, Storeroom Clerk, Surgical Scheduler, Surgical Services Aide, X-Ray Assistants, Utility Worker, Food Service Worker, Housekeeper I, Housekeeper II, Diet Office Clerk, Laundry and Linen Worker, Food Production Worker, Cook, Maintenance Worker, and Maintenance Engineer; excluding all other employees, all 14

employees employed by [Respondent-Valley] at other locations, employees employed by [Respondent-Valley's] urgent care clinics, managerial employees, employees of subcontractors, confidential employees, registered nurses, licensed practical nurses, professional employees, physicians, technical employees, skilled maintenance employees, assistant unit managers, business office clerical employees, guards and supervisors as defined in the Act.

Valley Technical Unit: All full-time, part-time, on-call, and per diem employees employed by [RespondentValley] in the job classifications of Licensed Practical Nurse, Pharmacy Technician Advanced Skills, Respiratory Therapist, Radiologic Technologist, CT Technologist, MRI Technician, Nuclear Medicine Technologist, Surgical Technologist, Certified Surgical Technologist, Histology Technologist, Registered Ultrasound Technologist, Clinical Mammographer, Cardiovascular Technologist II, Registered ECHO Technologist, and Radiology Coordinator at its hospital and medical center located at 12606 East Mission Avenue, Spokane, Washington; excluding: all employees in the job classifications of Nuclear Medicine Tech Coordinator, Radiology Coordinator/Supervisor, Clinical Mammographer/QA, Dietetic Technician and Ultrasound Coordinator, all other employees of [Respondent-Valley] at the above location, all employees of [RespondentValley] at other locations, all employees employed at [Respondent- Valley's] urgent care clinics, all managerial employees, all confidential employees, all service and maintenance employees, all physicians, all professional employees, all registered nurses, all skilled maintenance employees, all business office clericals, all assistant unit managers, and guards and supervisors as defined in the Act.

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Valley RN Unit: All full-time, part-time, on-call, and per diem employees employed in the job classifications of Registered Nurse and Utilization Review Nurse employed by [Respondent-Valley] at its hospital and medical center located at 12606 East Mission Avenue, Spokane, Washington; excluding all employees in the job classifications of VOSC Charge Registered Nurse, Nurse Educator, Certified Registered Nurse Anesthetist and Nurse Technician, all other employees employed by [RespondentValley] at the above location, all employees employed by [Respondent-Valley] at other locations, all employees employed at [Respondent-Valley's] urgent care clinics, all managerial employees, all confidential employees, all service and maintenance employees, all physicians, all other professional employees, all technical employees, all skilled maintenance employees, all business office clerical employees, all assistant unit managers, and guards and supervisors as defined in the Act.

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APPENDIX B
October 2, 2013 Information Request for RN, Service and Technical Bargaining units at Valley and Deaconess Hospitals. Dear Mr. Carmody: On behalf of SEIU Healthcare 1199NW, I am requesting the following information necessary for representation of our members and to fulfill our duty of representation in this bargain. 1. Copies of workers compensation claims filed for the period 2010 to date. Provide documents showing what claims were approved and compensable, and what claims were denied as well as days lost and other workers compensation data maintained by the Hospital. 2. For the period 2010 to date, written workplace violence prevention programs and related policies. 3. Current workplace violence prevention policies related to a. Restraint and seclusion b. Acuity assessment and supervision of patients c. Emergency codes and procedures d. Staffing e. Environment of care 5. Data for 2010 to date for the following: a. WSHA Injury and illness logs, including but not limited to OSHA 300 and all incident reports b. Patient incident data c. Any data reports or analyses showing experience and trends of safety issues 6. The current form used by employees to report a patient assault or other assault. 7. For the period 2010 to date, information about all committees that play a role in workplace violence prevention, the framework under which they operate, and copies of their minutes and any important projects they have conducted or are conducting relevant to workplace violence prevention. 8. For the period 2008 to date, any Joint Commission reports as well as notices of deficiency, grievances, and notices of violation that relate to workplace violence and safety. 9. The Annual Safety Plan. Please send the plans for 2010, 2011, 2012, and 2013.

10.The violence prevention plan. Please provide any and all training provided related to this plan, the minutes and sign in sheets for these trainings, as well as the materials provided in such trainings. 11.Provide the current written accident prevention program. 12.Provide minutes from the safety committee for the period January 1, 2010 to date. 13.Provide a copy of the written Chemical Hazard Communication Program. 14.For the period 2010 to present, provide the written workplace assessment of the entire hospital to determine if hazards are present, or likely to be present, which necessitate the use of personal protective equipment. Provide the assessment and the training and other evidence of implementation of such safety precautions. 15.Provide a copy of the Emergency Response Plan for the hospital. 16.What areas in the Hospital have employees mixing hazardous chemicals. Do those areas have emergency washing facilities, and if so, identify the specific locations of those emergency washing facilities. 17.Provide all records for 2010-2013 to date of occupational injuries and illnesses. 18.Provide a copy of the bloodbome pathogens Exposure Control Plan. 19.Provide the following documents pertaining to Safety Lifting: a. The names and job titles of the safe patient handling committee b. The safe patient handling program c. The safe patient handling policy for all shifts and units of the hospital d. The patient handling hazard assessment. e. The process to identify the appropriate use of the safe patient handling policy based on the patient's physical and medical condition and the availability of lifting equipment or lift teams; f. Copies from 2010 to date of the annual performance evaluation of the program to determine its effectiveness g. list of lifts and their specific location in the hospital. Identify how many lifts there are for acute care available inpatient beds. Ii. Training on policies, equipment and devises provided 2009 to date, and the list of employees trained and the date of the training and the materials provided at such training. i. Procedures for hospital employees to refuse to perform or be involved in patient handling or movement that the hospital employee believes in good faith will expose a

patient or a hospital employee to an unacceptable risk of injury. Note: A hospital employee who in good faith follows the procedure developed by the hospital in accordance with this subsection shall not be the subject of disciplinary action by the hospital for the refusal to perform or be involved in the patient handling or movement.

Please provide this information no later than October 28, 2013. Thank you for your attention to this. Please 03II me if you have any questions or need clarification on any item.

Sincerely,

Emily Van Bronkhorst Executive Vice President SEW Healthcare 1199NW Cc: Diane Sosne