Beth Israel Hospital and Geriatrics Center

National Labor Relations Board - Board Decisions

Jul 25, 1975

219 N.L.R.B. 520 (N.L.R.B. 1975)

520 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Beth Israel Hospital and Geriatrics Center ' and Oil,
Chemical, and Atomic Workers Union AFL-CIO,
Petitioner. Case 27-RC-5004
July 25, 1975
DECISION AND ORDER
BY CHAIRMAN MURPHY AND MEMBERS JENKINS AND
KENNEDY
Upon a petition duly filed under Section 9(c) of
the National Labor Relations Act, as amended, a
hearing was held before Hearing Officer Douglas R.
Hjelle of the National Labor Relations Board. Fol-
lowing the hearing and pursuant to Section 102.67 of
the National Labor Relations Board Rules and Reg-
ulations and Statements of Procedure, Series 8, as
amended, the case was transferred to the Board for
decision. Briefs were filed by the Employer and the
Petitioner.
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 Board has reviewed the Hearing Officer's rul-
ings made at the hearing and finds that they are free
from prejudicial error. They are hereby affirmed.
Upon the entire record in this case the Board
finds:
The Employer is a private, general, nonprofit hos-
pital located in Denver, Colorado. The Petitioner
seeks a unit of all licensed regular full-time and part-
time pharmacists and all regular part-time and full-
time intern pharmacists. The Employer contends that
the appropriate unit is one composed of all profes-
sional employees by the Employer excluding medical
doctors.
The record shows that in addition to the medical
doctors and registered nurses that there are other un-
represented professional employees who would be
excluded under the unit sought. In Mercy Hospitals of
Sacramento, Inc., 217 NLRB No. 131 (1975), the
Board stated:
We do not minimize the differences, both
functional and educational, which exist among
the various groups of professional employees
employed by the Employer. However, based on
the record before us, to grant a separate unit to
all such professional groups and job classifica-
tions would, as pointed out in the legislative his-
tory, result in what might be deemed an undue
proliferation of bargaining units... .
Accordingly, we find that a unit limited to phar-
macists and intern pharmacists but excluding all
other professional employees does not constitute an
appropriate unit for separate representation. As the
Petitioner has not indicated a willingness to represent
the employees sought on the basis of a broader unit
of professional employees, we shall dismiss the peti-
tion.
ORDER
It is hereby ordered that the petition filed herein
1 The Respondent's name appears as amended at the hearing . be, and it hereby is, dismissed.