St. Joseph Hospital v. Pennsylvania Labor Relations Board

330 A.2d 561, 16 Pa. Commw. 533, 88 L.R.R.M. (BNA) 2298, 1974 Pa. Commw. LEXIS 662
CourtCommonwealth Court of Pennsylvania
DecidedDecember 27, 1974
DocketAppeal, No. 1720 C.D. 1973
StatusPublished
Cited by7 cases

This text of 330 A.2d 561 (St. Joseph Hospital v. Pennsylvania Labor Relations Board) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
St. Joseph Hospital v. Pennsylvania Labor Relations Board, 330 A.2d 561, 16 Pa. Commw. 533, 88 L.R.R.M. (BNA) 2298, 1974 Pa. Commw. LEXIS 662 (Pa. Ct. App. 1974).

Opinion

Opinion by

Judge Beatt,

Janet Hutchinson and Diane Lesko were employed as nurses by St. Joseph Hospital (Hospital) in Hazleton, Pennsylvania, until November 8, 1971. On that date at about 7:00 A.M. they reported for work in the Intensive Care Unit (I.C.U.), where there were two patients there to be attended, and where two other nurses were then on duty, Sister Eligia, who was the supervisor of the I.C.U. and Nurse Kessel. Nurse Kessel left immediately to report to the third floor. Within ten minutes Nurse Lesko answered a telephone call from Sister Mary Nathaneal, the Director of Nursing Service at the Hospital, who ordered that either Nurse Lesko or Nurse Hutchinson also report to the third floor to help patients there. Nurse Lesko questioned this directive and pointed out that Nurse Kessel had already left the I.C.U. to help on the third floor and that a third patient was expected in the I.C.U. later in the morning. Sister Nathaneal replied that she was aware of these facts but that she still wanted another nurse to report to the third floor at once. Despite this instruction, neither Nurse Lesko nor Nurse Hutchinson reported to the third floor at that time. Instead, after waiting for a few minutes, they had Sister Nathaneal paged, and, when she arrived at the I.C.U. at about 7:30 A.M. they [536]*536indicated their reluctance to leave the I.C.U. because of their concern that it would be understaffed. By this time Sister Nathaneal had become very upset about the fact that her order had not been obeyed and, after she had restated her awareness of the conditions in the I.C.U. and had acknowledged that she would bear the responsibility for any consequences, her order was finally carried out at about 7:45 A.M. Later that day, at about 3:15 P.M., Nurses Lesko and Hutchinson were summoned to Sister Nathaneal’s office and were then advised that they were being discharged for “insubordination.”

Both nurses discharged had participated in the organizing activities of the Pennsylvania Nurses Association (PNA) during its successful campaign to achieve certification as the bargaining representative for the registered nurses at the Hospital, and the representation election had been held on August 12, 1971. The PNA filed charges of unfair labor practice against the Hospital with the Pennsylvania Labor Relations Board (Board), and alleged that the discharges of Nurses Lesko and Hutchinson had been directly related to their earlier organizing activities. Following a hearing before a hearing examiner, the Board issued a nisi decision containing findings of fact and conclusions of law to the effect that the Hospital had engaged in an unfair labor practice in violation of Sections 1201(a) (1) and (3) of the Public Employe Relations Act, Act of July 23, 1970, P. L. 563, 43 P.S. §1101.1201 (a) (1) and (3). The Board ordered the Hospital to cease and desist from any further such violations and to offer the two nurses reinstatement along with back pay. On appeal to the Court of Common Pleas of Luzerne County the Board was affirmed and the Hospital has now appealed to this Court.

Our scope of review here is “. . . limited to a determination of whether the findings of the Labor Board [537]*537are supported by substantial and legally credible evidence and whether the conclusions deduced therefrom are reasonable and not capricious, arbitrary or illegal.” Canon-McMillan School Board v. Commonwealth, 12 Pa. Commonwealth Ct. 323, 325, 316 A. 2d 114, 115 (1974); Pennsylvania Labor Relations Board v. State College Area School District, 9 Pa. Commonwealth Ct. 229, 233, 306 A. 2d 404, 407 (1973). “Substantial evidence is more than a mere scintilla and must do more than create a suspicion of the existence of the fact to be established. Pennsylvania Labor Relations Board v. Kaufmann Department Stores, Inc., 345 Pa. 398, 29 A. 2d 90 (1942). It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Ronnie’s Bar, Inc. v. Pennsylvania Labor Relations Board, 411 Pa. 459, 192 A. 2d 664 (1963). However, if a reasonable man could not have reached the decision from the evidence and its inferences, then the decision is not supported by substantial evidence and it should be set aside. A. P. Weaver and Sons v. Sanitary Water Board, 3 Pa. Commonwealth Ct. 499, 284 A. 2d 515 (1971).” Shive v. Bellefonte Area Board of School Directors, 12 Pa. Commonwealth Ct. 543, 547, 317 A. 2d 311, 333 (1974).

In this case the Board made two key findings upon which there is no direct evidence in the record: (1) that Sister Nathaneal knew of the union activities of the two nurses, and (2) that her knowledge of these activities and her anti-union attitude were the motivating reasons for the discharges. The complainant, of course, always has the burden of proving a charge of unfair labor practice. Union Trust Company of Pittsburgh’s Petition, 342 Pa, 456, 20 A. 2d 779 (1941). Because the complainants here rely upon inferences entirely, we must determine, therefore, whether or not these conclusions were based upon reasonable inferences from the testimony in the record.

[538]*538Sister Nathaneal denied any knowledge of the two nurses’ union activities but the Board disregarded her testimony to that effect and concluded that “any knowledgeable administrator” would have gained such knowledge from “the fact that both were members of the Intensive Care Unit, this being the small group of employes who spearheaded organizing activities and the fact that both engaged in open and extensive organizing activities in and about the hospital.” The evidence to support this finding is certainly less than convincing. The record does not even establish that all of the nurses in the I.C.U. were indeed associated with the organizing movement, much less that the entire Unit had gained a reputation in the Hospital for spearheading the movement. In addition, the discharged nurses could each recall only one occasion when any administrative personnel were present while they were conducting organizing activities. Nor could they remember ever having seen Sister Nathaneal present on any such occasion.

Even if we assume, however, that Sister Nathaneal must have had knowledge of the two nurses’ union activities, we cannot find substantial evidence to support the finding that she was improperly motivated in discharging the nurses. The only direct evidence of Sister Nathaneal’s “anti-union feelings,” in fact, was her own testimony at the hearing in which she candidly acknowledged her opposition to the organizing movement. She carefully pointed out at the same time, however, that she recognized the employes’ collective bargaining rights under the law. Never does the record indicate that Sister Nathaneal or any other Hospital supervisory personnel actually displayed any inclination to inhibit unlawfully the organizing activity undertaken by the nurses. Our review of prior Pennsylvania cases indicates that anti: union animus is generally characterized by some statement or act on the part of the employer or his representative, which plainly indicates such an inclination [539]*539as, for example, a threat to fire the employe unless the organizing activities are discontinued. See Pennsylvania Labor Relations Board v. Sand’s Restaurant Corporation, 429 Pa. 479, 240 A. 2d 801 (1968); Crivelli Bros. Coal and Builders Supplies, Inc. v. Pennsylvania Labor Relations Board, 385 Pa. 1, 122 A. 2d 32 (1956); Chapin v. Pennsylvania Labor Relations Board, 356 Pa. 577, 52 A. 2d 568 (1947).

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Bluebook (online)
330 A.2d 561, 16 Pa. Commw. 533, 88 L.R.R.M. (BNA) 2298, 1974 Pa. Commw. LEXIS 662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-joseph-hospital-v-pennsylvania-labor-relations-board-pacommwct-1974.