Mercy Hospitals of Sacramento, Inc., 765 (1975)

National Labor Relations Board

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Mercy Hospitals of Sacramento, Inc., 765 (1975)

MERCY HOSPITALS OF SACRAMENTO, INC.

Mercy Hospitals of Sacramento, Inc. and Local 250,

Hospital & Institutional Workers Union, Service Employees International Union, AFL-CIO,

Petitioner.' Cases 20-RC-12299, 20-RC-12300, 20-RC-12301, and 20-RC-12302

May 5, 1975 DECISION ON REVIEW AND DIRECTION OF

ELECTIONS

Upon petitions duly filed under Section 9(c) of the National Labor Relations Act, as amended, a consolidated hearing was held before Hearing Officer Earl D. Brand of the National Labor Relations Board. On December 10, 1974, the Regional Director for Region 20 issued a Decision and Direction of Elections in which he found appropriate three separate bargaining units consisting of professional employees, service and maintenance employees, and office clerical employees, respectively. Thereafter, in accordance with Section 102.67 of the National Labor Relations Board Rules and Regulations, Series 8, as amended, requests for review of the Regional Director's Decision and Direction of Elections were filed by the Petitioner jointly with Intervenor Stationary Engineers, Local 39, International Union of Operating Engineers, AFL-CIO (hereinafter referred to as Local 39), by Intervenor California Association for Medical Technology, Engineers and Scientists of California, MEBA,

A]FL-CIO (hereinafter referred to as CAMLT), and by Intervenor California Nurses' Association (hereinafter referred to as CNA), contending, inter alia, that the Regional Director's findings as to the appropriate units raiised substantial questions of law and policy and were based on erroneous factual findings and that there are compelling reasons for establishment of Board rules and policies in this area. In their request for review,

Petitioner and Local 39 requested oral argument as to the issues raised on review. Thereafter, the Employer filed a brief in opposition to the requests for review.

On January 16, 1975, the Board, having determined that this and a number of other cases in the health care industry presented issues of importance in the administration of the National Labor Relations Act, as amended, scheduled oral argument in several of the cases, including this one, as well as oral argument on the general question of the composition of appropriate bargaining units in the health care industry.' Oral arI The names of the Employer and the Petitioner appear as amended at the hearing 2 California Association for Medical Technology, Engineers and Scientists of California, MEBA, AFL-CIO; Stationary Engineers, Local 39, International Union of Operating Engineers, AFL-CIO; and California Nurses' Association were granted intervention with respect to various of the petition s, on the basis of sufficient showings of interest.

765 guments were heard on January 27, 1975. Briefs amici curiae were filed by interested parties and have been duly considered by the Board.

By telegraphic order dated February 4, 1975, the Board granted the Petitioner's and the Intervenors' request...

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