Mount Airy Psychiatric Center, 1003 (1981)

National Labor Relations Board

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Mount Airy Psychiatric Center, 1003 (1981)

MOUNT AIRY PSYCHIATRIC CENTER

Mount Airy Foundation d/b/a Mount Airy Psychiatric Center and Professional & Health Care Employees Division, Retail Clerks Union, Iocal No. 7, chartered by United Food and Commercial Workers International Union, AFL-CIO,' Petitioner. Case 27-RC-5598

January 6, 1981 DECISION AND DIRECTION OF

ELECTION

BY CHAIRMAN FANNING AND MEMBERS

PINII.I.O AND TRUESi)AI Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before Hearing Officer Robert L.

McCabe from October 31, 1977, through November 2, 1977. Following the close of the hearing, the Acting Regional Director for Region 27 transferred this case to the Board for decision. Subsequently, briefs were filed by the Employer, 2 the Petitioner, and the Colorado Nurses Association, affiliate of the American Nurses Association, herein called the Intervenor.

Thereafter, on March 30, 1979, the Board issued its decision in Sierra Vista Hlospital. Inc., 241 NLRB 631, in which it made substantive rulings which affected issues raised by the Employer in this case concerning the Intervenor's qualification to represent the Employer's employees. On July 3, 1979, therefore, the Board issued an order remanding this proceeding and reopening the record for the limited purpose of receiving evidence bearing on the question of the Intervenor's status as a labor organization, with instructions that, upon the conclusion of such further hearing, the case be transferred to the Board for decision on all issues. On July 12, 1979, however, the Intervenor filed a request to withdraw its petition to intervene. On July 23, 1979, the Board issued an order granting the Intervenor's request to withd...

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