UNITED STATES GOVERNMENT
`NATIONAL LABOR RELATIONS BOARD
`
`REGION 20
`
`450 Golden Gate Ave. Agency Website: www.nlrb.gov
`3rd Floor, Suite 3112 Telephone: (415)356-5130
`
`San Francisco, CA 94102 Fax: (415)356-5156
`
`April 29, 2025
`
`Michaela F. Posner, Attorney
`Weinberg, Roger, & Rosenfeld
`800 Wilshire Blvd., Suite 1020
`Los Angeles, CA 90017
`
`Re: Crestwood Behavioral Health, Inc.
`Case 20-CA-358967
`
`Dear Ms. Posner:
`
`We have carefully investigated and considered the charge filed by Service Employees
`International Union, United Healthcare Workers-West (Union) alleging that Crestwood Behavioral
`Health, Inc. (Employer) has violated the National Labor Relations Act (the Act).
`
`Decision to Dismiss: Based on that investigation, I have decided to dismiss the charge for
`the reasons discussed below.
`
`The charge alleges that the Employer violated Section 8(a)(3) of the Act by terminating its
`employeefi because of il union activity. To establish such a violation, the evidence
`must demonstrate that the employer knew the employee was engaged in union activity, the
`employer took adverse action against the employee, and the adverse action was motivated by
`animus toward the employee's union activity. Wright Line, 251 NLRB 1083 (1980). If these
`factors are established, a violation will be found, unless the employer can show that it would have
`taken the same action even in the absence of the employee's union activity.
`
`Here, although the investigation of the Union’s charge disclosed that the employee engaged
`in some union activity, the investigation failed to disclose any evidence that the Employer knew
`about- union activity. Therefore, the factors necessary to prove a violation were not established.
`Moreover, the investigation revealed sufficient evidence that the Employer would have terminated
`the employee for the reasons it gave - termination, even in the absence of . union
`activity. Under these circumstances, I am declining to issue a complaint.
`
`Charging Party’s Right to Appeal: The Charging Party may appeal my decision to the
`General Counsel of the National Labor Relations Board, through the Office of Appeals.
`
`
`
`
`
`
`
`
`Crestwood Behavioral Health, Inc. -2- April 29, 2025
`Case 20-CA-358967
`
`Means of Filing: You must file your appeal electronically or provide a written
`statement explaining why electronic submission is not possible or feasible. Written
`instructions for the NLRB’s E-Filing system and the Terms and Conditions of the NLRB’s
`E-Filing policy are available at www.nlrb.gov. See User Guide. A video demonstration which
`provides step-by-step instructions and frequently asked questions are also available at
`www.nlrb.gov. If you require additional assistance with E-Filing, please contact e-
`Filing@nlrb.gov.
`
`You are encouraged to also submit a complete statement of the facts and reasons why you
`believe my decision was incorrect. If you cannot file electronically, please send the appeal and
`your written explanation of why you cannot file electronically to the General Counsel at the
`National Labor Relations Board, Attn: Office of Appeals, 1015 Half Street SE, Washington,
`DC 20570-0001. Unless filed electronically, a copy of the appeal should also be sent to me. The
`main telephone number for the Office of Appeals is (202)273-3760.
`
`The appeal MAY NOT be filed by fax or email. The Office of Appeals will not process
`faxed or emailed appeals.
`
`Appeal Due Date: The appeal is due on May 13, 2025. If the appeal is filed electronically,
`the transmission of the entire document through the Agency’s website must be completed no later
`than 11:59 p.m. Eastern Time on the due date. If filing by mail or by delivery service an appeal
`will be found to be timely filed if it is postmarked or given to a delivery service no later than May
`12, 2025. If an appeal is postmarked or given to a delivery service on the due date, it will be
`rejected as untimely. If hand delivered, an appeal must be received by the General Counsel in
`Washington D.C. by 5:00 p.m. Eastern Time on the appeal due date. If an appeal is not submitted
`in accordance with this paragraph, it will be rejected.
`
`Extension of Time to File Appeal: The General Counsel may allow additional time to
`file the appeal if the Charging Party provides a good reason for doing so and the request for an
`extension of time is received on or before May 13, 2025. The request may be filed electronically
`through the E-File Documents link on our website www.nlrb.gov, by fax to (202)273-4283, by
`mail, or by delivery service. The General Counsel will not consider any request for an extension
`of time to file an appeal received after May 13, 2025, even if it is postmarked or given to the
`delivery service before the due date. Unless filed electronically, a copy of the extension of time
`should also be sent to me.
`
`Confidentiality: We will not honor requests to limit our use of appeal statements or
`evidence. Upon a request under the Freedom of Information Act (FOIA) by a party during the
`processing of an appeal, the Agency’s FOIA Branch discloses appeal statements, redacted for
`personal privacy, confidential source protection, or other applicable FOIA exemptions. In the
`event the appeal is sustained, any statement or material submitted may be introduced as evidence
`at a hearing before an administrative law judge. However, certain evidence produced at a hearing
`may be protected from public disclosure by demonstrated claims of confidentiality.
`
`
`
`
`
`
`
`
`Crestwood Behavioral Health, Inc. -3-
`Case 20-CA-358967
`
`Very truly yours,
`/s/ Jill H. Coffman
`
`Jill H. Coffman
`Regional Director
`
`Enclosure
`
`CC:
`
`Bruce J. Sarchet, Attorney
`Littler Mendelson PC
`
`500 Capitol Mall, Suite 2000
`Sacramento, CA 95814
`
`Calvin Skinner, Union Business Agent
`SEIU, United Healthcare Workers - West
`560 Thomas L. Berkley Way
`
`Oakland, CA 94612
`
`Crestwood Behavioral Health, Inc.
`295 Pine Breeze Drive
`Angwin, CA 94508
`
`April 29, 2025
`
`
`
`
`
`
`
`
`UNITED STATES OF AMERICA
`NATIONAL LABOR RELATIONS BOARD
`
`APPEAL FORM
`
`To: General Counsel Date:
`Attn: Office of Appeals
`National Labor Relations Board
`1015 Half Street SE
`Washington, DC 20570-0001
`
`Please be advised that an appeal is hereby taken to the General Counsel of the National
`Labor Relations Board from the action of the Regional Director in refusing to issue a complaint
`on the charge in
`
`Case Name(s).
`
`Case No(s). (If more than one case number, include all case numbers in which appeal is taken.)
`
`(Signature)
`
`
`
`
`
`
`
`
`E-FILING TO APPEALS
`
`1. Extension of Time: This document is used when the Charging Party is asking for more
`time to e-file an Appeal.
`
`e Ifan Extension of Time is e-filed, and there are additional documents to be e-filed
`simultaneously with it, please e-file those documents under the selection
`Correspondence.
`
`e After an Extension of Time has already been e-filed, any additional materials to
`add to the Extension of Time should be e-filed under Correspondence.
`
`2. File an Appeal: If the Charging Party does not agree with the Region’s decision on the
`case, an Appeal can be e-filed.
`e Only one (1) Appeal can be e-filed to each determination in the Region’s decision
`letter that is received.
`e After an Appeal has been e-filed, any additional materials to add to the Appeal
`should be e-filed under Correspondence.
`
`3. Notice of Appearance: Either party can e-file a Notice of Appearance if there is a new
`counsel representing one side or a different counsel.
`e This document is only e-filed with the Office of Appeals after a decision has been
`made by the Region.
`e This document can be e-filed before an Appeal is e-filed.
`
`4. Correspondence: Parties will select Correspondence when adding documents or
`supplementing the Appeal or Extension of Time.
`
`e Correspondence is used to e-file documents after an Extension of Time, Appeal
`or Notice of Appearance has been e-filed.
`
`5. Position Statement: The Charging Party or Charged Party may e-file a Position Statement.
`e The Charging Party will e-file this document as a supplement of the Appeal.
`e The Charged Party will specifically file one to support the Region’s decision.
`e This document should be e-filed after an Extension of Time, Appeal or Notice of
`Appearance has been e-filed.
`
`6. Withdrawal Request: If the Charging Party decides to no longer pursue their appeal,
`he/she can e-file a Withdrawal Request to the Office of Appeals.
`e This document should be e-Filed after an Extension of Time, Appeal or Notice of
`Appearance has been e-filed.
`
`Extension of Time Request @
`[¥] File an Appeal @
`Notice of Appearance @
`Position Statement @
`[¥] Withdrawal Request @
`
`Correspondence
`
`7. The selections of Evidence or Other should no longer be used.
`
`8. Ifyou need to contact the Office of Appeals, please call (202)273-3760.
`
`
`
`
`
`
`
`
`
`NATIONAL LABOR RELATIONS BOARD
`
`REGION 20
`
`450 Golden Gate Ave. Agency Website: www.nlrb.gov
`3rd Floor, Suite 3112 Telephone: (415)356-5130
`
`San Francisco, CA 94102 Fax: (415)356-5156
`
`April 29, 2025
`
`Michaela F. Posner, Attorney
`Weinberg, Roger, & Rosenfeld
`800 Wilshire Blvd., Suite 1020
`Los Angeles, CA 90017
`
`Re: Crestwood Behavioral Health, Inc.
`Case 20-CA-358967
`
`Dear Ms. Posner:
`
`We have carefully investigated and considered the charge filed by Service Employees
`International Union, United Healthcare Workers-West (Union) alleging that Crestwood Behavioral
`Health, Inc. (Employer) has violated the National Labor Relations Act (the Act).
`
`Decision to Dismiss: Based on that investigation, I have decided to dismiss the charge for
`the reasons discussed below.
`
`The charge alleges that the Employer violated Section 8(a)(3) of the Act by terminating its
`employeefi because of il union activity. To establish such a violation, the evidence
`must demonstrate that the employer knew the employee was engaged in union activity, the
`employer took adverse action against the employee, and the adverse action was motivated by
`animus toward the employee's union activity. Wright Line, 251 NLRB 1083 (1980). If these
`factors are established, a violation will be found, unless the employer can show that it would have
`taken the same action even in the absence of the employee's union activity.
`
`Here, although the investigation of the Union’s charge disclosed that the employee engaged
`in some union activity, the investigation failed to disclose any evidence that the Employer knew
`about- union activity. Therefore, the factors necessary to prove a violation were not established.
`Moreover, the investigation revealed sufficient evidence that the Employer would have terminated
`the employee for the reasons it gave - termination, even in the absence of . union
`activity. Under these circumstances, I am declining to issue a complaint.
`
`Charging Party’s Right to Appeal: The Charging Party may appeal my decision to the
`General Counsel of the National Labor Relations Board, through the Office of Appeals.
`
`
`
`
`
`
`
`
`Crestwood Behavioral Health, Inc. -2- April 29, 2025
`Case 20-CA-358967
`
`Means of Filing: You must file your appeal electronically or provide a written
`statement explaining why electronic submission is not possible or feasible. Written
`instructions for the NLRB’s E-Filing system and the Terms and Conditions of the NLRB’s
`E-Filing policy are available at www.nlrb.gov. See User Guide. A video demonstration which
`provides step-by-step instructions and frequently asked questions are also available at
`www.nlrb.gov. If you require additional assistance with E-Filing, please contact e-
`Filing@nlrb.gov.
`
`You are encouraged to also submit a complete statement of the facts and reasons why you
`believe my decision was incorrect. If you cannot file electronically, please send the appeal and
`your written explanation of why you cannot file electronically to the General Counsel at the
`National Labor Relations Board, Attn: Office of Appeals, 1015 Half Street SE, Washington,
`DC 20570-0001. Unless filed electronically, a copy of the appeal should also be sent to me. The
`main telephone number for the Office of Appeals is (202)273-3760.
`
`The appeal MAY NOT be filed by fax or email. The Office of Appeals will not process
`faxed or emailed appeals.
`
`Appeal Due Date: The appeal is due on May 13, 2025. If the appeal is filed electronically,
`the transmission of the entire document through the Agency’s website must be completed no later
`than 11:59 p.m. Eastern Time on the due date. If filing by mail or by delivery service an appeal
`will be found to be timely filed if it is postmarked or given to a delivery service no later than May
`12, 2025. If an appeal is postmarked or given to a delivery service on the due date, it will be
`rejected as untimely. If hand delivered, an appeal must be received by the General Counsel in
`Washington D.C. by 5:00 p.m. Eastern Time on the appeal due date. If an appeal is not submitted
`in accordance with this paragraph, it will be rejected.
`
`Extension of Time to File Appeal: The General Counsel may allow additional time to
`file the appeal if the Charging Party provides a good reason for doing so and the request for an
`extension of time is received on or before May 13, 2025. The request may be filed electronically
`through the E-File Documents link on our website www.nlrb.gov, by fax to (202)273-4283, by
`mail, or by delivery service. The General Counsel will not consider any request for an extension
`of time to file an appeal received after May 13, 2025, even if it is postmarked or given to the
`delivery service before the due date. Unless filed electronically, a copy of the extension of time
`should also be sent to me.
`
`Confidentiality: We will not honor requests to limit our use of appeal statements or
`evidence. Upon a request under the Freedom of Information Act (FOIA) by a party during the
`processing of an appeal, the Agency’s FOIA Branch discloses appeal statements, redacted for
`personal privacy, confidential source protection, or other applicable FOIA exemptions. In the
`event the appeal is sustained, any statement or material submitted may be introduced as evidence
`at a hearing before an administrative law judge. However, certain evidence produced at a hearing
`may be protected from public disclosure by demonstrated claims of confidentiality.
`
`
`
`
`
`
`
`
`Crestwood Behavioral Health, Inc. -3-
`Case 20-CA-358967
`
`Very truly yours,
`/s/ Jill H. Coffman
`
`Jill H. Coffman
`Regional Director
`
`Enclosure
`
`CC:
`
`Bruce J. Sarchet, Attorney
`Littler Mendelson PC
`
`500 Capitol Mall, Suite 2000
`Sacramento, CA 95814
`
`Calvin Skinner, Union Business Agent
`SEIU, United Healthcare Workers - West
`560 Thomas L. Berkley Way
`
`Oakland, CA 94612
`
`Crestwood Behavioral Health, Inc.
`295 Pine Breeze Drive
`Angwin, CA 94508
`
`April 29, 2025
`
`
`
`
`
`
`
`
`UNITED STATES OF AMERICA
`NATIONAL LABOR RELATIONS BOARD
`
`APPEAL FORM
`
`To: General Counsel Date:
`Attn: Office of Appeals
`National Labor Relations Board
`1015 Half Street SE
`Washington, DC 20570-0001
`
`Please be advised that an appeal is hereby taken to the General Counsel of the National
`Labor Relations Board from the action of the Regional Director in refusing to issue a complaint
`on the charge in
`
`Case Name(s).
`
`Case No(s). (If more than one case number, include all case numbers in which appeal is taken.)
`
`(Signature)
`
`
`
`
`
`
`
`
`E-FILING TO APPEALS
`
`1. Extension of Time: This document is used when the Charging Party is asking for more
`time to e-file an Appeal.
`
`e Ifan Extension of Time is e-filed, and there are additional documents to be e-filed
`simultaneously with it, please e-file those documents under the selection
`Correspondence.
`
`e After an Extension of Time has already been e-filed, any additional materials to
`add to the Extension of Time should be e-filed under Correspondence.
`
`2. File an Appeal: If the Charging Party does not agree with the Region’s decision on the
`case, an Appeal can be e-filed.
`e Only one (1) Appeal can be e-filed to each determination in the Region’s decision
`letter that is received.
`e After an Appeal has been e-filed, any additional materials to add to the Appeal
`should be e-filed under Correspondence.
`
`3. Notice of Appearance: Either party can e-file a Notice of Appearance if there is a new
`counsel representing one side or a different counsel.
`e This document is only e-filed with the Office of Appeals after a decision has been
`made by the Region.
`e This document can be e-filed before an Appeal is e-filed.
`
`4. Correspondence: Parties will select Correspondence when adding documents or
`supplementing the Appeal or Extension of Time.
`
`e Correspondence is used to e-file documents after an Extension of Time, Appeal
`or Notice of Appearance has been e-filed.
`
`5. Position Statement: The Charging Party or Charged Party may e-file a Position Statement.
`e The Charging Party will e-file this document as a supplement of the Appeal.
`e The Charged Party will specifically file one to support the Region’s decision.
`e This document should be e-filed after an Extension of Time, Appeal or Notice of
`Appearance has been e-filed.
`
`6. Withdrawal Request: If the Charging Party decides to no longer pursue their appeal,
`he/she can e-file a Withdrawal Request to the Office of Appeals.
`e This document should be e-Filed after an Extension of Time, Appeal or Notice of
`Appearance has been e-filed.
`
`Extension of Time Request @
`[¥] File an Appeal @
`Notice of Appearance @
`Position Statement @
`[¥] Withdrawal Request @
`
`Correspondence
`
`7. The selections of Evidence or Other should no longer be used.
`
`8. Ifyou need to contact the Office of Appeals, please call (202)273-3760.
`
`
`
`
`
`
`
`
`
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