Visiting Nurse Home Care

Case Number: 01-UC-081315

Date Filed: 05/18/2012

Status: Closed

No. of Employees: 14

Location: Lincoln, RI

Region Assigned: Region 01, Boston, Massachusetts

Unit Description: Pursuant to Parties Stipulated Election Argeement to allow the postion of HR Generalist to vote in an election held on April 19, 2012 subject to challenge as to voting eligibility and inclusion in an appropriate collective baragaining unit, the Employer, Visiting Nurse Home Care, hereby challenges the inclusion of the HR Generalist in the apprpriate collective bargaining unit The basis for the Employer's challenge to the inclusion of the HR Generalist in any collective bargaining unit is the HR Generalist is a confidential employee as that term has been defined by existing NLRB precedent and caswe law determinations. It is the Emplyer's position that the HR Generalists acs in a confidential capacity to the Employer's HR Director. The HR Generalist has access to sensitive information about the Employer's business including, without limitation, access to salary, wage and benefit information and forecasts for all union and non union employeesof the Employer, including supervisors and managers. The HR Generalist, as part of the normal duties of the position, engages in functions tha proide her access to confidential labor related information and material that are not public, already known to the Union or about to be disclosed to the Union. Further the HR Generalist, in the performance of her duties, has access to information uesd for preparation in negotiations and participate in grievance meetings and is pviy to the disposition of grievance decsions prior to the decisions being delivered or made public For the reasons, the Employer belives the HR Generalist is a confidential employee and must be excluded from the bargaining unit otherwise descibed in the Stipulated Election Agreement Included in the bargaining unit are all full time and regular part time office clerical employees, including medical equipment clerks, patient health information clerks, patient care coordinators, clinical schedulers, switch board operator/receptionist, help des/technical training employees, billing and reimbursement specialists, patient health information, compliance clerks, communicaiton associates, and purchasing ad facilities assisnts but excluding all other employees, managers, confidential employees (including HR Generalist), guards and supervisors as defined in the Act