Taylor Hospital, 1188 (1975)

Taylor Hospital and Local 1, United Independent Union, N.F.I.U., Petitioner. Case 4-RC-11194

June 30, 1975 DECISION ON REVIEW AND

DIRECTION OF ELECTION

BY MEMBERS FANNING, JENKINS, AND PENELLO

Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before Hearing Officer James C.

Peck, Jr. On November 15, 1974, the Regional Director for Region 4 issued a Decision and Direction of Election in the above-entitled proceeding, in which he found that the Employer's licensed practical nurses constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act. Thereafter, the Employer, in accordance with Section 102.67 of the National Labor Relations Board Rules and Regulations, Series 8, as amended, filed a request for review of the decision of the Regional Director on the ground that he erred in directing an election in a unit of licensed practical nurses. By telegraphic order dated March 10, 1975, the Board granted the Employer's request for review and stayed the election pending decision on review. Thereafter, the Employer filed a brief.

Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

The Board has considered the entire record in this case, with respect to the issues under review, including the brief, and makes the following findings:

The Employer is a nonprofit hospital engaged in health care in Ridley Park, Pennsylvania. The hospital has 123 beds. It is administratively organized into two general divisions: direct health care services and support services.

The Petitioner originally sought to represent a unit of licensed practical nurses and employees in the respiratory therapy department, excluding all other employees and supervisors as defined in the Act. At the hearing the Petitioner amended its petition and sought a unit restricted to licensed practical nurses, excluding all other employees, supervisors, and guards as defined in the Act.' The hospital has subcontracted the inhalation therapy work.

z At the hearing, counsel for Laborers Local Umon 1319, Laborers International Union of North Amenca, AFL-CIO, made an appearance and stated that Local 1319 had been certified by the Pennsylvania Labor Relations Board in Case Para-R-4034-E as the exclusive representative for 218 NLRB No. 179

The Employer's position is that the unit requested by the Petitioner and subsequently found appropriate by the Regional Director is inappropriate for collective bargaining as it is based on extent of organization, improperly fractionalizes a unit of residual employees, and would cause an unnecessary proliferation of units since all of the remaining unrepresented employees in the direct health care services division have a community of interest. The Employer contends that the only appropriate unit is one which would include all unrepresented nonprofessional employees employed by the Employer in the direct health care services division,2 including licensed practical nurses, laboratory and x-ray technicians, radiology escort, sterilization aide, unit receptionists, typists, and medical secretaries, excluding nurses aides, orderlies, office clericals, bookkeepers, dietary, housekeeping, and maintenance employees, professionals, including registered and graduate nurses, guards, and supervisors as defined in the Act.

The support services division is composed of administrative personnel for the most part and includes employees engaged in fiscal matters in the controller's division, and personnel engaged in purchasing, medical records, personnel, dietary, housekeeping, and maintenance matters generally.

The dietary, housekeeping, and maintenance personnel are in the Laborers unit. The direct health care services division includes registered nurses, graduate nurses, pharmacists, anesthetists, cardiologists, therapists, nurses aides, licensed practical nurses, orderlies, laboratory and x-ray technicians, ,a blood bank technician, electrocardiogram technicians, a medicalsurgical technician, a radiology escort, a sterilization aide, unit receptionists, recording clerks, medical secretaries, and typists. The nurses aides and orderlies are in the Laborers unit.

We recently issued eight lead cases establishing guidelines as to units of employees appropriate for collective bargaining in the private...

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