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United EMS Workers - Decision and Direction of Election by the NLRB

United EMS Workers - Decision and Direction of Election by the NLRB

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Published by Brandon Bigos
United EMS Workers - NLRB election decision and direction
United EMS Workers - NLRB election decision and direction

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Published by: Brandon Bigos on Jan 14, 2012
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01/14/2012

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UNITED
STATES
OF
AMERICA
BEFORE THE
NATIONAL
LABORRELATIONS
BOARD
REGION
20
AMERICAN
MEDICAL
RESPONSE
WESTEmployer
and
UNITED
EMERGENCY
MEDICAL
SERVICES
WORKERS,
AFSCME,
AFL-CIO
Petitioner
andCase
20-RC-066407
NATIONAL
EMERGENCY
MEDICAL
SERVICES
ASSOCIATION
(NEMSA)
Intervenor/Incumbent
and
INTERNATIONAL
ASSOCIATION
OF
EMUS
AND
PARAMEDICS, SEIU/NAGE
LOCAL 5000
Intervenor
DECISION
AND
DIRECTION
OF
ELECTION
American MedicalResponse
West (Employer)
provides
emergency and
non-
emergency
medicaltransportation
services
in
numerouscounties
throughout
NorthernCalifornia.
By
its
amendedpetition,
UnitedEmergencyMedicalServicesWorkers,
AFSCME,
AFL-CIO
(Petitioner)
seeks
to
representemployees
of
the
Employer
in
an
historicalcertifiedsingle
multi-location
unit.'
Petitioner
and
Intervenor/Incumbent
The
petitioned-forunit
is
as
follows:
All
full-timeand
regularlyscheduled
part-timeemployees
in
NorthernCalifornia,
including:
EMT-
Is,
EMT-2s,EMT-Ps,
drivers,
wheelchair vandrivers, paramedicCCTs,
 
Decision
and
Direction
of
ElectionAmericanMedicalResponse West20-RC-066407
Union,
NationalEmergency Medical
Services
Association
(NEMSA),
takethe
position
that the
petitioned-forunit
is an
appropriate
unit.2
Intervenor,International
Association
of
EMT's
and
Paramedics,
SEIU/NAGE
Local
5000
(SElU)
did
not
take
a
position
on
what constitutes
an
appropriate unit
and
has indicatedits
willingness
to
proceed
to
an
election
in
any
unit
found appropriate.TheEmployercontends
that
thehistorical
unit
is
nolonger
an
appropriate
unit.
It
presented evidence showing that
as a
result
of
losingsubstantial
business
in certain BayAreacountiesin
2010-2011,
3
it
consolidated
its
remaining
operations
in
those counties
into
a
single
division.
Although the operationsconducted under the new
division
wereformerly encompassed
within
thehistorical
unit,
theEmployer
argues
that the changes
resulting
fromthe
consolidation
of
its
operations have destroyedthe community
of
interest
between
employees inthe new division and
those in
the
other
operations withinthe historical
unit.
Thus, the Employer asserts thatthe only appropriate
units
are
two
separate
units,
one comprised
of
about400employees employed
within
its new
division,
EMT CCTs, gurneyvan drivers (Sacramentoonly),andRNs
in
Alameda, Contra Costa,Marin,
Placer,
Sacramento,
San
Benito,
San
Francisco,
§an
Joaquin,San Mateo,SantaClara,Santa Cruz,Shasta,Solano, Sonoma,Stanislaus,Tulare andYolocounties, and
any
distinct
CCT
andIFT divisions.Dispatchers
call
takers/customerservicerepresentatives,system statuscontrollers
in
SantaClara,Sacramento,
San
Mateo (BayCom),Sonoma(RedCom)
and
Stanislaus(LifeCom)counties;Pre-billers, billers,clerk
Is,
clerk
2s,
stockers,washers,vehicle servicetechnicians,mailroomclerk(Alameda
only),
couriers,deploymentcoordinatorsandschedulers
in
Alameda,ContraCosta,SanMateo,SantaClara,Stanislaus(vehicleservicetechnicianonly),Tulare(clerk
Is
and clerk 2sonly), and any distinct
CCT
and
IFT divisions,facilitiescoordinators(SantaClara,Stanislaus,and
CCT
andIFT divisionsonly);
EXCLUDING:
EMT-
1
s
andEMT-Ps
in
Tracyand
Turlock
EMT-Ps
in
San MateoCountyandall otherpersonnel,includingguards,professionalemployeesandsupervisors
as
defined
by
the
NationalLaborRelationsAct,
as
amended.
2
The
petitioned-for
unit
is
setforth
in
a
tentativeagreementreachedbetween
the
Employerand
NEMSA
datedJune
8.3
All
dateshereinrefer
to
calendaryear
2011
unlessotherwiseindicated.
-2-
 
Decision
and
Direction
of
ElectionAmericanMedical ResponseWest
20-RC-066407
and
the
other
comprised
of
approximately
1200
employees outside thenew
division
who
4
are
within the historical
bargainingunit.After
careful
consideration
of
the entirerecord, thearguments
of
the parties
and
applicable
legal
principles,
for
thereasons discussed below,
I
rejecttheEmployer's
position.
I
have concluded that the
petitioned-for unit
would be
an
appropriate
unit.
However, because
of
theneedfor
a
Sonotone
5
election for the RNs
in
the petitioned-for
unit, my
findingsregarding the appropriate unit or units
are
dependent on the outcome
of
the Sonotone
votingprocedure.
Sec.
9(b)(1)
of
theAct.
4
The
two
unitsurged
by
the
Employer
asthe
onlyappropriateunitsare
as
follows:
UNIT
A
Included:
All
full-time andregular part-time EMT-
Is,
EMT-Ps,drivers,
and
wheelchairvan drivers employed
by
the
Employer
atits
facilities
in
ContraCosta,
Placer,
Sacramento,
San
Benito,
San
Francisco, San Joaquin,
San
Mateo, Santa Cruz,Shasta,Sonoma,Stanislaus, Tulareand YoloCounties.
All
full-timeand
regular
part-time dispatchers,call-takers andsystem status
controllers
employed
by
the
Employer
at its
facilities
in
Sacramento(SacCom),SanMateo(BayCom), Sonoma
(RedCom)
and Stanislaus(LifeCom)Counties.
All
filll-time
and
regular
part-time
pre-billers,billers,clerk
Is,
clerk
2s,
stockers,washers,vehicle servicetechnicians, couriers,deployment
coordinators,
facilities
coordinators
and
schedulersemployed
by
the
Employer
atits
facilities
in
Contra
Costa,
San
Mateo,Stanislaus(vehicleservicetechnicianandfacilities
coordinators
only)and Tulare(clerk
Is
andclerk 2s only) Counties.
Excluded:
All
EMT-Is
and
EMT-Ps
in
Tracyand
Turlock
Counties;
all
employees
in the
Bay
Area
Inter-FacilityTransportDivision,
guards,confidentialemployees,
professional
employees andsupervisors
as
defined
by
the
Act.
UNIT
B
Included:
All
full-time
and
regular
part
time
EMT-
Is,
EMT-Ps,paramedic
CCTs,
EMT
CCTs
and RNsemployed
by
theEmployer
at its
Bay
Area
Inter-Facility
Transport
Division.
All
full-timeandregular part-timevehicleservicetechniciansand schedulersemployed
by
the
Employer
atits
Bay
Area
Inter-FacilityTransportDivision.
Excluded:
All
otheremployees,guards,confidential employees,
professional
employees,andsupervisors
as
defined
by
the
Act.
5
Sonotone
Corp.,
90
NLRB
1236(1950).
-3-

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