.54 P.

01/07

UNITED STATES OF AMERICA

BEFORE THE NATIONAL LABOR RELATIONS BOARD
REGION 34

SPECTRUM HEALTHCARE DERBY, LLC 0/B/A

BIRMINGHAM HEALTH CENTER; SPECTRUM
HEALTHCARE WATERBRIDGE LLC DIBIA
HILLTOP HEALTH CENTER; SPECTRUM
HEALTHCARE WINSTED, LLC 0/B/A LAUREL HILL
HEALTH CARE, SPECTRUM HEALTHCARE
HARTFORD, LLC ID/B/A PARK PLACE HEALTH
CENTER, AND SPECTRUM HEALTHCARE Case No. 34-CA-12794
WATERBRIDGEI LLC
and
NEW ENGLAND HEALTH CARE EMPLOYEES
UNION DISTRICT 1199, SEIU

COMPLAINT AND NOTICE OEHEARING

New England Health Care Employees Union, District 1199, herein caiJed the
Union, has charged that Birmingham Health Center, herein described by its correct
name, Spectrum Heafthcare Derby, LLC d/b/a Birmingham Health Center, herein called
Respondent BHC; Hilltop Health Center, herein described by its correct name,
Spectrum Healthcare Waterbridge, LLC d/b/a Hilltop Health Center, herein called
Respondent HHC; Laurel Hill Health Center, herein described by its correct name,
Spectrum Healthcare Winsteci LLC d/b/a Laurel Hill Health Care, herein called
Respondent LHHC; Park Place Heafth Center, herein described by its correct name,
Spectrum Healthcare Hartford, LLC d/b/a Park Place Health Center, herein Respondent
PPHC; and Spectrum l-Iealthcare Inc., herein described by its correct name7 Spectrum
Healthcare Waterbridge, LLC, herein called Respondent SH, and herein collectively
called Respondent, have been engaging in further unfair labor practices as set forth in
the National Labor Relations Act, 29 U.S.C. Sec. 151, et seq., herein called the Act.
Based thereon, the Acting General Counsel, by the undersigned~ pursuant to Section
10(b) of the Act and Section 102.15 of the Board’s Rules and Regulations1 issues this
Complaint and Notice of Hearing and alleges as follows:
 i4 H.I&~/~?

1(a) The charge in Case No. 34-CA-12794 was filed by the Union on
September 10, 2010, and a copy was served on Respondent by facsimile transmission
and regular mail on September 14, 2010.
(b) The amended charge in Case No. 34-CA-12794 was filed by the Union on
October 28, 2010, and a copy is being served on Respondent concurrently with this
Complaint and Notice of Hearing.
2. At all material times, Respondent BHC, with an office and place of
business located in Derby, Connecticut, herein called its Derby facility; Respondent
HHC, with an office and place of business located in Ansonia, Connecticut, herein
called its Ansonia facility; Respondent LHHC, with an office and place of business
located in Winsted, Connecticut, herein called its Winsted facility; Respondent PPHC,
with an office and place of business located in Hartford, Connecticut, heroin called its
Hartford facility; and Respondent SH, with an office and place of business located in
Vernon, Connecticut, herein called its Vernon facility, have been engaged in the
operation of a nursing home providing skilled nursing care,
3(a) During the 12-month period ending September 30, 2010, Respondent
BHC, in conducting its business operations described above in paragraph 2, derived
gross revenues in excess of $100,000 and purchased and received at its Derby facility
goods valued in excess of $5,000 directly from points located outside the State of
Connecticut;
(b) During the 12-month period ending September 30, 2010, Respondent
HHC, in conducting its business operations described above in paragraph 2, derived
gross revenues in excess of $100,000 and purchased and received at its Ansonia
facility goods valued in excess of $5,000 directly from points located outside the State of
Connecticut;
(c) During the 12-month period ending September 30, 2010, Respondent
LHHC, in conducting its business operations described above in paragraph 2, derived
gross revenues in excess of $100,000 and purchased and received at its Wiristed
facility goods valued in excess of $5,000 directly from points located outside the State of
Connecticut;

2
 ~q

(d) During the 12-month period ending September 30, 2010, Respondent
PPHC, in conducting its business operations described above in paragraph 2, derived
gross revenues in excess of $100,000 and purchased and received at its Hartford
facility goods valued in excess of $5000 directly from points located outside the State of
Connecticut;
(e) During the 12-month period ending September 30, 2010. Respondent SH,
in conducting its business operations described above in paragraph 2, derived gross
revenues in excess of $1 00)000 and purchased and received at its Vernon facility goods
valued in excess of $5,000 directly from points located outside the State of Connecticut;
4. At all material times. Respondent BHC, Respondent HHC, Respondent
LHHC, Respondent PPiic, and Respondent SH have each been an employer engaged
in commerce within the meaning of Section 2(2), (6) and (7) of the Act, arid a health
care institution within the meaning of Section 2(14) of the Act.
5. At all material times, Respondent BHC, Respondent HHC, Respondent
LHHC, Respondent PPHC, and Respondent SH, have been affiliated business
enteiprises with common officers, ownership, directors, management, and supervision;
have administered a common labor policy; have shared common premises and
facilities; have provided services for and made sales to each other; have interchanged
personnel with each other; and have held themselves out to the public as a single-
integrated business enterprise.
6, Based on its operations described above in paragraph 5, Respondent
BHC, Respondent l-IHC, Respondent LHF-IC, Respondent PPHC, and Respondent SH,
hereinafter called Respondent, constitute a single-integrated business enterprise and a
single employer within the meaning of the Act.
7. At all material times, the Union has been a labor organization within the
meaning of Section 2(5) of the Act.
8. At all material times, the following individuals held the positions set forth
Opposite their respective names, and have been supervisors of Respondent Within the
meaning of Section 2(11) of the Act and agents of Respondent within the meaning of
Section 2(13) of the Act:

3
 r.FOq/~J(

Howard Dickstejn --- President and CEO

Brian Dickstein --- VP1 Operations
Sean Murphy -— CFO
David Kelly -— Corporate Director of Human Resources
Lyndsey Brenes Administrator, BHC
Stanley DeCosta -— Administrator1 HHC
Jessica Carusone --- Administrator, LHHC
Doug Melanson —- Administrator, PPHC
9. Respondent and the Union have entered into separate successive
collective-bargaining agreements relating to Respondent’s Derby, Ansonia, Winsted,
and Hartford facilities, the most recent of which were effective by their terms from April
1, 2005 through March 15, 2009, which each provide in Article I for the recognition of
the Union as the exclusive representative of Respondent’s employees employed at:
(a) the Derby facility, herein called the Birmingham nurse’s Unit:
All full-time and regular part time Registered Nurses and Licensed
Practical Nurses;
(b) the Derby facility, herein called the Birmingham service and
maintenance Unit:
All full-time and regular part time service and maintenance
employees;
(c) the Ansonia facility, herein called the Hilltop Unit:
All full-time and all regular part-time service and maintenance
employees;
(d) the Winsted facility, herein called the Laurel Hill Unit:
All full-time and all regular part-time service and maintenance
employees;
(e) the Hartford facility, herein called the Park Place Unit:
Al! full-time and regular part-time service and maintenance
employees, cooks, and Licensed Practice Nurses (LPNs).
10. At all material times, based on Section 9(a) of the Act, the Union has been
the designated exclusive collective bargaining representative of the Birmingham nurse’s
and service and maintenance Units, and the Hilltop, Laurel Hill, and Park Place Units.
Ii. From about April 15, 2010 to about August 31, 2010, certain employees,
represented by the Union and employed at Respondent’s Derby, Ansonia, Winsteci and

4
 .~J’-f r.F~J~fr~J1

Hartford facilities in the Units described in paragraph 9 above ceased work concertedly
and engaged in a strike.
12. The strike described above in paragraph 11 was caused by Respondent’s
unfair labor practices.
13. On or about August 31, 2010, by letter, the Union on behalf of the
employees) who had engaged in the strike described above in paragraph 11, made an
unconditional offer to return to their former positions of employment: the Birmingham
nurse’s and service and maintenance Units, and the Hilltop, Laurel Hill, and Park Place
Units,
14. Since on or about August 31, 2010, Respondent, by letter dated
September 2, 2010, has failed and refused to reinstate the employees described in
paragraph 11 and 13 above to their former positions of employment.
15, Respondent engaged in the conduct described above in paragraph 14
because the above employees joined and assisted the Union and engaged in concerted
activities, and to discourage employees from engaging in those activities.
16. By the conduct described above in paragraphs 14 and 15, Respondent
has been discriminating in regard to the hire or tenure or terms and conditions of
employment of its employees, thereby discouraging membership in a labor organization
in violation of Section 8(a)(1) and (3) of the Act.
17. The unfair labor practices of Respondent described above affect
commerce within the meaning of Section 2(6) and (7) of the Act.
WHEREFORE, as part of the remedy for the unfair labor practices alleged above
in paragraph 14, the Acting General Counsel seeks an Order requiring that the
Respondent pay interest on any back pay or other monetary awards on a compounded,
quarterly basis. The Acting General Counsel further seeks all other relief as may be just
and proper to remedy the unfair labor practices alleged.
ANSWER REQUIREMENT
Respondent is notified that, pursuant to Sections 102.20 and 102.21 of the
Board’s Rules and Regulations, it must file an answer to the consolidated complaint.
The answer must be raceived bythis office on or before November 12, 2010. or
~çstmarkod~~ or bofore November 10. 2010. Respondent should file an original and
four copies of the answer with this office and serve a copy of the answer on each of the

5
 ,~)‘_, _.~~JDfl~Jr

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;I/www,nIrb~ov click on E-Gov, then dick on the E-FiIing link on the pull-down
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. A. failure to timeiy fi!e the answer will not
be excused an the basis that the transmission could not be apcomDlished because the
Agenqy’s website was off-line, or unavailable for some other reason. When an answer is
f~d electronically, an original and four oaper copies must .be sent to this office so that it
is received no later than three (3) business days after the date Qf electronic filing.
Service of the answer on each of the other parties must still be accomplished by means
allowed under the Board’s Rules and Regulations. The answer may j~ be filed by
facsimile transmission, If no answer is filed, the Board may find, pursuant to a Motion
for Default Judgment, that the allegations in the complaint are true.
NOTICE OF HEARING
PLEASE TAKE NOTICE THAT on January 25, 2011, at 10:00 a.m., at the A.A.
Ribicoff Federal Building, 450 Main Street, Suite 410, Hartford, Connecticut, and on
consecutive days thereafter until concluded, a hearing will be conducted before an
administrative law judge of the National Labor Relations Board. At the hearing,
Respondent 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 foflowed at the hearing are described in the attached Form NLRB-4668. The
procedure to request a postponement of the hearing is described in the attached Form
NLRB-4338,
Dated at Hartford, Connecticut, this 2gth day of October, 2010.

-~-~.J ‘~z
John~, Cotter, Acting Regional birector
National Labor Relations Board
Region 34
Attachments

6
 I ‘Il_I \J_J .J’-f r.tir’ur

FORM NLRB-501
FORM_EXEMPT UNDER 44 U.S.C. 3512
[i~ase Date Filed
UNITED STATES GOVERNMENT
NATIONAL LABOR RELATIONS SOARD
AMENDED CHARGE AGAINST EMPLOYER ~ 34-CA-I 2794 10/28/10
iNSTRUCTIONS
File an arininni an.d A .nnIa.. .e skI.. I..~ ..a.l. .11 RegIonal Director for the raglan In which the allenad unfair labor oceurrnd or Is aecnrrlnq,
1. EMPLOYER AGAINST WHOM CHARGE IS BROUt~FiT
a. Name of Ethployer —_ b. NiAmber of workers employed -

Spectrum Care dlb/a Birmingham Health Center, Hilltop Health Center, Laurel Hill 400
Health Center, Park Place Health Center and Spectrum Hêalthcare Waterbridge, LLC.

c, Address (stiát, city, state, ZIP code) —. d. Employer Repiâsentatlve a Telephone No.
27 Naek Road Brian Dickstein, CEO (880) 871-5454
P.O. Cox 2417 FacsImile No.
Vernon, CT 06066 (860) 871-5757
f. Type of Establishment ((aejory; mine, wholesaler, etc.) a Identify principal product or service
Nursing Home - Health Care
b.The above-named employers have engaged in and are engaging in unfair labor practices within the meaning of section 6(a), subsections (1)
arid (3) of the National Labor Relations Act, and these unfaIr labor practices are unfair practices affecting commerce within the meaning of the Act.
2, Basis of the Charge (set forth a dear and concise statement of the facts constituting the alleged unfair labor practices)

Since August 31, 2010 and continuing, the Employer has unlawfully refused to reinstate approximately 330 unfair
labor practice strikers employed at the Employers four nursing home facilities following the Union’s unconditional
offer to return to work.
Because of the likelihood that the Employer’s serious and pervasive unfair labor practices will cause irreparable
damage pending the processing of this case, the Union requests that the General Counsel seek immediate 100)
injunctive relief.

By the above and other acts, the ebove~named employer has Interfered with, restrained, and ooercad employees in the exarcl$~ of the rights guaranteed in Section 7 of the
Act

3. Full name of party filing charge (if labor organization, give full name, including local name and number) -

NEW ENLAND HEALTH CARE EMPLOYEES UNION, DISTRICT 1199, SEIU

4a. Address (~treet and number, city, itate and ZIP code) — 4b, Telephone No.

77 Huyshope Avenue, 1~ Floor (860) 549-1199

Facsimile
Hartford, CT 06106 . -- @60) 251-6049
5. Full name of national or International labor organization of which it han affilIate or constitueñfunlt (to be filled in when charge is tiled
by a labor organization.
Service Employees International Union

6. DECLARA11QW
I declare that I have read the above charge and that the statements are true to the best of my knowledge and belief.

By ~c . Title Union Attorney

Signature of representative or person making charge (Kevin A. Creane) -

Telephone No.
Address: 92 Cherry Street (203) 578-2419 Date
Milford, CT 06460 - ic/a; /1 a
WILLFUL FALSE STATEMENTS ON THIS CHARGE CAN SE PUNISHED BY FINE AND 1MPRISONIVIENT (U.S. CODE, TITLE 16, SECTION ~OO1)

:c Bc!.

TOTAL P.07