2 26 a1 28 @ 2:10-cv-07395-GAF -FMO Document 26 Filed 12/16/10 Page 1of6 Page ID #:1674 ROBERT MACKAY (192423) robert art marks @nirb.gov WILLIAM ML PATE (43134) ‘ational Fabor Relations Boord E88 South Figueroa sD Ninth Floor Telephone: (213) 89: Title: O13) 842718" Attorneys for Petitioner UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA JAMES F. SMALL, Regional Civil No. CV10-7395 GAF FM0x Director of Region 21 of the National Labor Relations Board, for and on behalf of the NATIONAL LABOR RELATIONS BOARD, ORDER GRANTING PRELIMINAR’ INJONCTION UNDER SECTION rg) ; OF THE NATIONAL ad RELATIONS ACT, AS AMENDED [29 | and US.C. SEC. 1600)]; SOUTHERN CALIFORNIA | PERMANENTE MEDICAL GROUP; AND SAISER FOUNDATION TALS, Judge: Hon. Gary A, Feoss Courtroom: Roybal Respondents, ‘This case came to be heard on the petition of James F. Small, Regional Director of Region 21 of the National Labor Relations Board, for a preliminary injunction pursuant to Section 10(j) of the National Labor Relations Act, as | amended (29 U.S.C. § 160(j)) (herein the Act), pending final disposition on the matters involved pending before the Board. The Court, upon consideration of the10 u 2 B 4 15 16 aw 18 » 20 |) a 2 4 25 6 n 28 use 2:10-cv-07395-GAF -FMO Document 26 Filed 12/16/10 Page 2o0f6 Page ID #:167 pleadings, evidence, briefs, arguments of counsel, and the entire record in this case, has made and filed its findings of fact and conclusions of law, finding and concluding that Petitioner is likely to successfully establish in administrative proceedings that Respondents have engaged in and are engaging in, acts and conduct in violation of Section 8(a)(1) and (5) of the Act (29 U.S.C. Sec. 158(a)(1) and (5), affecting commerce within the meaning of Section 2(6) and (7) of the Act (29 US.C. Sec. 152(2), and (7), and that such acts and conduct will likely be repeated or continued unless enjoined. Now, therefore, upon the entire record, it is ORDERED, ADJUDGED AND DECREED, that, pending final disposition of the matters involved pending before the Board: Respondents Southern California Permanente Medical Group; and Kaiser Foundation Hospitals 1. Southem California Permanente Medical Group; and Kaiser Foundation Hospitals (herein collectively called Respondents), their officers, representatives, agents, servants, employees, attorneys and all persons acting in concert with them are enjoined from: | (@) Failing and refusing to bargain collectively and in good faith with the National Union of Healthcare Workers (herein called the Union) as the exclusive bargaining representative of the employees in the Healthcare Professionals and Psych-Social units, as certified in Cases 21-RC-21117, and 21-RC-21118, by unilaterally implementing changes in terms and conditions of employment during negotiations for a collective-bargaining agreement in the absence of an overall impasse on the entire agreement.10 1" 2 B 4 15 16 ru 9 20 a 2 2B “4 35 26 n 28 @ 2:10-cv-07395-GAF -FMO Document 26 Filed 12/16/10 Page 3of6 Page or (b) Inany like or related manner interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them by Section 7 of the Act (29 U.S.C. Sec. 157). 2. Respondents, their officers, representatives, agents, servants, employees, attorneys and all persons acting in concert with them are affirmatively ordered pending final Board adjudication to: (a) Bargain collectively and in good faith with the Union as the exclusive representative of the employees in the units described above concerning terms and conditions of employment and, if an understanding is reached, embody it ina signed agreement. (b) Grant prospectively the unlawfully withheld April 2010 annual across-the-board raise. (©) Restore the tuition-reimbursement program. (@ Restore the steward training program. (©) Post copies of the District Court’s Order at the Respondents’ facilities where notices to employees are customarily posted, those postings to be maintained during the pendency of the Board’s administrative proceedings free from all obstructions and defacements; all unit employees shall have free and unrestricted access to said notices. (® Grant to agents of the Board reasonable access to Respondents’ facilities in order to monitor compliance with this posting requirement; and (g) Within twenty (20) days of the issuance of the District Court’s Order, file with the District Court and submit a copy to the Regional Director of10 rT 2 3 “4 a8 16 ” 18 ~ 20 a 2 4 6 6 ” 28 | @ 2:10-ev-07395-GAF -FMO Document 26 Filed 12/16/10 Page 4 of 6 Page ID #:1677 Region 21 of the Board, a sworn affidavit from a responsible official of Respondents setting forth, with specificity, the manner in which Respondents have complied with the terms of this decree, including how they have posted the documents required by the Court’s decree. 3. This case shall remain on the docket of this Court. On compliance by Respondents with their obligations undertaken hereto, and upon final dispositions of the matters pending before the Board, the Petitioner shall cause this proceeding to be dismissed. Respondent Kaiser Foundation Hospitals 1. Kaiser Foundation Hospitals, herein called Respondent Foundation, its officers, representatives, agents, servants, employees, attorneys and all persons acting in concert with it are enjoined from: (@ Failing and refusing to bargain collectively and in good faith with the National Union of Healthcare Workers (herein called the Union) as the exclusive bargaining representative of the employees in the AFN unit as certified in Case 21-RC-21157, by unilaterally implementing changes in terms and conditions of employment during negotiations for a collective-bargaining agreement in the absence of an overall impasse on the entire agreement. (b) In any like or related manner interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them by Section 7 of the Act (29 U.S.C. See. 157). 2. — Respondent Foundation, its officers, representatives, agents, servants, employees, attorneys and all persons acting in concert with it are affirmatively ordered pending final Board adjudication to:10 u 2 1B “4 8 16 a 18 » 20 2 2 23 “4 28 26 Fo 28 4ise 2:10-cv-07395-GAF -FMO Document 26 Filed 12/16/10 Page 5 of6 Page ID #:167 (@) Bargain collectively and in good faith with the Union as the exclusive representative of the employees in the unit described above concerning ‘terms and conditions of employment and, if an understanding is reached, embody it ina signed agreement. (b) Grant prospectively the unlawfully withheld April 2010 annual across-the-board raise. (©) Restore the tuition-reimbursement program. (@ Restore the steward training program. (€) Post copies of the District Court’s Order at Respondent Foundation’s facilities where notices to employees are customarily posted, those postings to be maintained during the pendency of the Board’s administrative proceedings free from all obstructions and defacements; all unit employees shall have free and unrestricted access to said notices. (f) Grant to agents of the Board reasonable access to Respondent Foundation’s facilities in order to monitor compliance with this posting requirement; and (@ Within twenty (20) days of the issuance of the District Court’s Order, file with the District Court and submit a copy to the Regional Director of Region 21 of the Board, a swom affidavit from a responsible official of Respondent Foundation setting forth, with specificity, the manner in which Respondent Foundation has complied with the terms of this decree, including how it has posted the documents required by the Court’s decree. 3. This case shall remain on the docket of this Court. On compliance by Respondent Foundation with its obligations undertaken hereto, and upon final -5-Case 2:10-cv-07395-GAF -FMO Document 26 Filed 12/16/10 Page 6 of 6 Page ID #:167 dispositions of the matters pending before the Board, the Petitioner shall cause this proceeding to be dismissed. 3 | TT IS SO ORDERED. | Done at Los Angeles, California, this 16th day of December, 2010. 10 Presented by: 1 n 1B Robert MacKay 14 || Attorney for Petitioner 15 16 1 18 » 2 am n u“ 25 6 an 28