Barnes Hospital

National Labor Relations Board - Board Decisions

Jun 9, 1976

224 N.L.R.B. 552 (N.L.R.B. 1976)

552 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Barnes Hospital' and Barnes House Staff Association,
Petitioner.2 Case 14-RC-7856
June 9, 1976
DECISION AND ORDER
By MEMBERS FANNING, PENELLO, AND WALTHER
Upon a petition duly filed under Section 9(c) of
the National Labor Relations Act, as amended, a
hearing was held before Hearing Officer Vance D
Miller on March 4-6 and 24-28, 1975 Following the
hearing and pursuant to Section 102 67 of the Na-
tional Labor Relations Board Rules and Regulations
and Statements of Procedures, Series 8, as amended,
by direction of the Regional Director for Region 14,
the above-entitled case was transferred to the Board
for decision
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel
The Petitioner seeks to represent a unit of all resi-
dents and interns employed by the Employer at its
St Louis, Missouri, facility The Employer contends,
i At the hearing , Petitioner moved to amend its petition to name Barnes
Hospital and Washington University as joint employers if the Board found
Barnes Hospital and Washington University to be joint employers
2 A notice of hearing was sent to Washington University approximately l
month prior to the hearing Washington University however did not ap
pear in the proceeding until March 24, 1975, when 4 days testimony had
already been heard
Washington University School of Medicine maintains that it has not in-
tervened in the proceedings and that it would be denied due process if the
Board allowed the Petitioner to amend its petition by naming Washington
University and Barnes Hospital as joint employers
inter alga, that residents and interns are students and
not employees For the reasons set forth in Cedars-
Sinai Medical Center, 223 NLRB No 57 (1976), we
find merit in the Employer's position regarding the
residents and interns In Cedars-Sinai, the Board
found that interns and residents, although they pos-
sess certain employee characteristics, are primarily
students, and therefore concluded that they are not
employees within the meaning of Section 2(3) of the
Act The residents and interns involved herein are
not unlike residents and interns involved in Cedars-
Sinai Accordingly, as no question affecting com-
merce exists concerning representation of "employ-
ees" of the Employer within the meaning of Section
9(c) of the Act, we shall dismiss the petition herein 3
ORDER
It is hereby ordered that the petition filed herein
be, and it hereby is, dismissed
MEMBER FANNING, dissenting
For the reasons stated in my dissenting opinion in
Cedars-Sinai Medical Center, 223 NLRB 251
(1976), I would find the residents and interns to be
employees Although I would find the hospital to be
an employer, due to the disposition of the majority, I
do not find it necessary to consider whether the de-
gree of control asserted by an exempt hospital over
this Employer's operation is sufficient to preclude as-
sertion of jurisdiction under the Act
3 The Employer also contends that it is a joint employer with other hospi-
tals operated by various political subdivisions which precludes assertion of
jurisdiction by the Board Since we are dismissing the petition because there
is no question concerning representation of employees ' we deem it unnec
essary to consider this or other issues raised by the parties
224 NLRB No 83