Cardinal Timothy Manning

National Labor Relations Board - Board Decisions

Apr 30, 1976

223 N.L.R.B. 1218 (N.L.R.B. 1976)

1218 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Cardinal Timothy Manning, Roman Catholic Arch-
bishop of the Archdiocese of Los Angeles , a Corpo-
ration Sole; The Archdiocese of Los Angeles Edu-
cation and Welfare Corporation ; The Archdiocese
of Los Angeles Department of Education ; and the
following high schools within the geographical
boundaries of the Archdiocese of Los Angeles' I and
California Federation of Teachers, affiliated with
The American Federation of Teachers, AFL-CIO
and its affiliated Local 3448 , United Catholic Sec-
ondary Teachers Association,2 Petitioner . Case 21-
RC-14152
April 30, 1976
DECISION AND DIRECTION OF ELECTION
BY CHAIRMAN MURPHY AND MEMBERS JENKINS 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 Theodore
Horn of the National Labor Relations Board. Fol-
lowing the close of the hearing, the Regional Direc-
tor for Region 21 transferred this case to the Board
for decision. Thereafter, the Employer and the Peti-
tioner each filed briefs. After briefs were filed, the
Employer and the Petitioner each filed two letters
with the Board.
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 proceeding the
Board finds:
1. The Petitioner seeks to represent certain em-
• Archdiocesan owned and operated high schools are: Bishop Alemany,
Bishop Amat , Bishop Montgomery, Bishop Cantwell, Bishop Conaty, Bish-
op Mora Salesian , Bishop Garcia Diego, Cathedral , Damien , Daniel Mur-
phy, Junipero Serra , Mater Dei, Our Lady of Loretto , Paraclete , Pater Nost-
er, Pius X , Regina Caeli , Rosary , St. Bernard, St. Bonaventure , St. Joseph
(Lakewood), St. Joseph (Santa Maria ), St. Michael , St. Paul , Santa Clara,
and Verbum Dei. Parish schools are : Bellarmine-Jefferson, Holy Family,
Mary Star of the Sea, Pomona Catholic, Sacred Heart, St. Andrew, St.
Anthony , St. Genevieve , St. Matthias, St. Monica , and San Gabriel Mission.
The Petitioner filed a posthearing request to amend the name of the
Employer which is opposed by the Employer . The parties agreed that the
Petitioner could amend the name of the Employer after the hearing on
notice to the Employer . There is no prejudice to the Employer since the
amendment involves a mere change in the name . Accordingly, we hereby
grant the Petitioner's request to amend the name of the Employer.
We note that the bargaining unit sought by the Petitioner in its brief filed
after the request to amend the name of the Employer remains the same as
the Petitioner's requested unit at the hearing.
2 The Petitioner's name appears as amended at the hearing.
ployees at 26 high schools owned and- operated by
the Archdiocese of Los Angeles. The Petitioner con-
tends that we should assert jurisdiction over the 26
schools, because: (1) we should establish a discre-
tionary jurisdictional standard for high schools of
$250,000, and revenues of the 26 schools exceed this
sum; (2) in the alternative, revenues from the 26
schools exceed our $1 million university jurisdic-
tional standard; (3) if each school is found to be a
separate employer, then each school still has a sub-
stantial impact on interstate commerce; and (4) as-
sertion of jurisdiction over these Catholic schools is
not inconsistent with the First Amendment to the
Constitution.
The Employer contends that we should decline to
assert jurisdiction, arguing that: (1) our assertion of
jurisdiction over any of the schools would threaten
excessive governmental entanglement with religion in
contravention of the First Amendment of the Consti-
tution because the schools are religious institutions
intimately involved with the Catholic Church; (2) a
multischool unit is inappropriate, and each school
does not have revenues in excess of $1 million; (3)
none of the schools has an impact on interstate com-
merce; and (4) the schools do not engage in any
purely commercial activities.
We cannot agree with the Employer that our asser-
tion of jurisdiction over Catholic high schools would
create excessive governmental interference with reli-
gion prohibited by the First Amendment to the
Constitution. The provisions of the Act do not sup-
port or interfere with religious beliefs. Rather, the
Act seeks to maintain and facilitate the free flow of
commerce through the stabilization of labor rela-
tions. Regulation of labor relations does not violate
the First Amendment when it involves a minimal in-
trusion on religious conduct and is necessary to ob-
tain that objective. Cantwell et al. v. Connecticut, 310
U.S. 296, 303-304 (1940); The First Church of Christ,
Scientist, in Boston, Massachusetts, 194 NLRB 1006
(1972).
We also do not agree that the schools are religious
institutions intimately involved with the Catholic
Church. It has heretofore been the Board's policy to
decline jurisdiction over institutions only when they
are completely religious, not just religiously associat-
ed. Roman Catholic Archdiocese of Baltimore, Arch-
diocesan High Schools, 216 NLRB 249 (1975). The
schools perform in part the secular function of edu-
cating children, and in part concern themselves with
religious instruction. Therefore, we will not decline to
assert jurisdiction over these schools on such a basis.
Roman Catholic Archdiocese of Baltimore, Archdioce'
san High Schools, supra.
We further disagree with the Employer's conten-
223 NLRB No. 198
CARDINAL TIMOTHY MANNING, A CORPORATION SOLE
tion that we should decline jurisdiction over the
schools because they are not engaged in any purely
commercial activities. Cornell University, 183 NLRB
329 (1970), provides that we shall take jurisdiction
over nonprofit educational institutions where their
operations have a substantial impact on interstate
commerce, despite the fact that such institutions do
not engage in purely commercial activities. The
schools herein have annual gross revenues in excess
of $10 million and therefore do have a substantial
impact on interstate commerce.
In the year ended March 31, 1975 (which is not an
entire fiscal year-the record shows that the statistics
for the entire 1975 fiscal year are not available), the
26 archdiocesan high schools received gross revenues
of $10,534,678 from tuition, instructional fees , activi-
ties, service fees (cafeteria, athletic events, bookstore,
etc.), donations, support activities, and miscellaneous
sources ' During this same period the schools pur-
chased more than $300,000 worth of supplies directly
from sources outside the State of California and paid
an additional sum in excess of $29,000 to the Nation-
al Testing Service.4
Since the high schools collectively have revenues in
excess of $1 million and since out-of-state purchases
are substantial, we find that it will effectuate the pur-
poses of the Act to assert jurisdiction herein. Roman
Ca(hvlic Archdiocese of Baltimore, Archdiocesan High
Schools, supra; The Catholic Bishop of Chicago, a Cor-
poration Sole, 220 NLRB 359 (1975).
2. The labor organization involved claims to rep-
resent certain employees of the Employer.
3. A question affecting commerce exists concern-
ing the representation of employees of the Employer
within the meaning of Section 2(6) and (7) and Sec-
tion 9(cXl) of the Act.
4. The Petitioner seeks an election in a unit of cer-
tain professional employees employed at the 26 high
schools owned and operated by the Archdiocese on
the basis that these 26 schools constitute a unified
group and therefore an appropriate unit.
The Employer contends that we should dismiss the
petition on the basis that the proposed unit of 26
high schools is inappropriate because it combines a
number of autonomous independent schools, and be-
cause it represents an arbitrary grouping of Catholic
high schools located within the Archdiocese of Los
Angeles.
The Los Angeles Catholic Archdiocese encom-
passes Los Angeles, Orange, Santa Barbara, and
Ventura Counties in southern California. The office
3 Receipts for the individual schools are listed in Appendix A, attached
hereto.
° Out-of-state expenditures for the individual schools are listed in Appen-
dix B , attached hereto.
1219
of the Archbishop is incorporated as a Corporation
Sole pursuant to the provisions of the California Cor-
poration Code. Cardinal Timothy Manning is the
current Archbishop of the Archdiocese.
The 26 high schools sought by Petitioner operate
within the Archdiocese under the auspices of the
Archdiocese Department of Education.' These
schools are located both in the suburbs and the inner
city, and some of them are sexually segregated.6
Monsignor Donald Montrose is the superintendent
of the high schools. The Archdiocese Education and
Welfare Corporation, a corporate entity apart from
the Archdiocese, holds legal title to these archdioce-
san schools.
There are 42 other Catholic high schools located
within the Archdiocese, but only the 26 archdiocesan
high schools named in the caption of this Decision,
and which are sought by Petitioner, are operated by
the Department of Education and owned by the
Education and Welfare Corporation. Of the remain-
ing high schools, 11 are operated by individual par-
ishes, and the rest are run by various religious orders,
and are commonly referred to by the parties and
herein as private schools. The Education and Wel-
fare Corporation holds legal title to the facilities of
the parish schools, but title to any particular private
school is held by the religious order which runs the
school.
Budgets for the 26 archdiocesan high schools are
drafted by each school's administration and submit-
ted to the Department of Education for review and
approval. Although usually approved, on occasion
the Archdiocese will speak to a principal to have one
or more items in a budget changed. This is done be-
cause all of these schools operate at a deficit and the
Archdiocese finances the deficit. Thus, each of the 26
archdiocesan high schools by necessity receives reim-
bursement from the Archdiocese to enable it to con-
tinue operating. For the fiscal year ending March 31,
1975, individual high school deficits ranged from
$9,395 for St. Bernard High School to $121,037 for
Bishop Mora Salesian High School 7
Budgets for parish and private schools, on the
other hand, are reviewed and approved by the pas-
tors of the parishes and the religious orders, re-
5 There are 269 Catholic primary schools located within the Archdiocese,
but they do not appear to be involved in this proceeding. Neither do two
separately incorporated high schools: Our Lady of Angels Seminary, which
prepares young men for priesthood , and Don Bosco Technical Institute,
which provides technical training . In any event , the primary schools are
separately administered under their own superintendent , Monsignor John
Mihan.
6 Contrary to the Employer's contention , we find that the composition of
the student bodies is irrelevant to the unit issue herein . Nor do we attach
any significance to the fact that some of the high schools are located in
suburbia while others are in a city.
7 Deficits for the individual archdiocesan schools are listed in Appendix
C, attached hereto.
1220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
spectively. Concomitantly, operating deficits in the
parish and private schools are the responsibility of
the parishes or religious orders which run the
schools. On occasion, however, the Archdiocese will
provide funds to make up a deficit in a parish school.
But private schools receive no funds from the Arch-
diocese for operational purposes.
The Archdiocese refurbishes the 26 archdiocesan
high schools each year, doing the necessary repair
and other work during the summer. Also, all capital
expenditures for existing structures of the 26 archdio-
cesan high schools are financed by the Archdiocese.
In contrast, the Archdiocese has made irregular con-
tributions to the refurbishing and capital improve-
ment of the 11 parish high schools and private
schools.
Some of the principals in the 26 archdiocesan-
owned schools are chosen by religious orders to
which the schools are entrusted. The other principals
in these schools are chosen by the Archdiocese. In all
cases, however, the principal of any particular pri-
vate high school is chosen by the religious order
which runs that school. Principals of parish high
schools, on the other hand, are apparently chosen by
the pastors of the parishes.
The secondary division of the Department of Edu-
cation publishes an administrative handbook. By its
terms, the purpose of the handbook is "primarily to
be of help to the administrators of schools in our
Archdiocese," and testimony given by various high
school principals regarding the handbook indicates
that it provides "guidelines" for the administration of
a school. The handbook is an extensive publication
containing a statement of principles and history, and
has chapters on organization , administration and
staffing, pupil personnel , instruction (e.g., curricu-
lum), community relations , safety, business and fi-
nance, and an appendix. The business and finance
chapter contains sections on budgeting and account-
ing, a limitation on structural changes to high school
buildings without prior approval of the Archdiocese,8
and detailed regulations on salary and insurance.
There is an appendix containing samples of various
legal forms, including employment contracts. This
handbook is provided to all of the 26 high schools
owned by the Archdiocese and is incorporated into
the handbooks of the individual schools.' The intro-
duction to the handbook, however, also notes that
This applies to high schools which the Archdiocese owns to insure that
projects comply with legal and insurance requirements.
Petitioner contends that certain of the handbook 's sections support its
contention that the 26 archdiocesan high schools constitute a unified system
controlled by the archdiocesan corporate structure . For example , Sec. 2EO
states : "the archdiocesan high schools are under the direct jurisdiction of
the Archbishop and the Department of Education and are subject to all of
the regulations in the handbook."
the general principles contained therein are applica-
ble to parish and private schools, as well as archdio-
cesan. Nevertheless, use of the handbook appears to
be voluntary in the case of the latter two groups.
At the 26 archdiocesan high schools, principals
conduct prehire interviews along with department
chairmen. The principals make the final decisions
with respect to the hiring of lay teachers, and also
determine whether to renew employment contracts
with them. There are two instances on the record,
however, where the Archdiocese precluded principals
from hiring certain individuals. Furthermore, the
Archdiocese suggests a salary scale for the teachers
and, although principals may submit proposals to the
Archdiocese to depart from the salary schedules in
appropriate circumstances, the Archdiocese must ap-
prove all such departures.
In other respects, department chairpersons and
principals evaluate teachers, and principals discipline
the teachers and establish class schedules and teacher
assignments . The principals also may alter the sug-
gested school calendars distributed by the Archdio-
cese Department of Education except for legal holi-
days, holy days of obligation, and Good Friday.
Moreover, personnel and pay records of lay teachers
are maintained at the individual high schools, and
the teachers are paid by the schools individually.
However, the Archdiocese holds a Blue Cross-Blue
Shield insurance plan which covers most teachers in
the 26 archdiocesan high schools.10
Each of the 26 archdiocesan high schools sets its
own admission and graduation standards and de-
termines the size of its classes, the secular and reli-
gious curriculum to be followed, the course content
and textbooks to be used, the cocurricular and extra-
curricular activities that will exist, and the discipline
that will be applied to its students. These schools also
individually determine tuition and family tuition
rates which vary from school to school, depending on
the wealth of the students' parents. They also devel-
op and implement their own fundraising activities.
There is no transfer of lay teachers from one of the
26 archdiocesan high schools to another, but there is
some transfer of individuals in supervisory positions
within this grouping. Each high school principal de-
cides whether or not to give credit (in terms of hiring
and salary) to individuals with prior teaching experi-
ence, including prior teaching experience at other
Catholic high schools within the Archdiocese.
Each of the 26 archdiocesan high schools has its
own employer identification number for tax purposes
and pays social security and withholding taxes di-
rectly to the government.
10 Cathedral High School has an insurance plan through Mutual of New
York.
CARDINAL TIMOTHY MANNING, A CORPORATION SOLE 1221
The Western Association of Schools and Colleges,
the regional accrediting agency in California for both
public and nonpublic schools, accredits each high
school within the Archdiocese separately, including
the 26 owned and operated by the Archdiocese.
There are two instances of collective bargaining
and union organizational activity at two of the high
schools in the unit sought by the Petitioner." In 1957,
there was a strike at Bishop Alemany High School
and subsequently a collective-bargaining agreement
was reached. On another occasion, an association of
teachers from Cathedral High School sought to be
certified, but we declined to assert jurisdiction over
them at that time.
We find, for the reasons given below, that a unit
limited to the 26 archdiocesan high schools, which is
the only unit sought herein, is appropriate for the
purposes of collective bargaining. In doing so, we re-
ject the Employer's contention that, based on the
above facts, each of the 26 high schools constitutes a
separate unit. "There is nothing in the statute which
requires that the unit for bargaining be the only ap-
propriate unit, or the ultimate unit, or the most ap-
propriate unit, the Act requires only that the unit be
`appropriate."' Morand Brothers Beverage Co., 91
NLRB 409, 418 (1950), enfd. 190 F.2d 576 (C.A. 7,
1951). There may be more than one way in which
employees may be grouped for collective-bargaining
purposes. General Instrument Corporation v.
N.L.R.B., 319 F.2d 420, 422 (C.A. 4, 1963), cert. de-
nied 375 U.S. 966 (1964).
Here, all 26 archdiocesan high schools are owned
by the Archdiocese through the Education and Wel-
fare Corporation and operated through the Depart-
ment of Education. Since the Archdiocese makes up
the deficits of the 26 schools, it retains effective con-
trol over the budgets of the schools by virtue of its
authority to review and approve (or disapprove) the
budgets of the schools. Also, the Archdiocese pays
for the refurbishing of the schools and for all capital
expenditures on the schools. Further, all. the 26 high
schools refer to the handbook prepared by the Arch-
diocese to answer questions concerning the day-to-
day operation of the schools. Thus, while the 26 high
schools are free in some respects to establish their
own educational and labor policies, this does not ne-
gate the conclusion that they constitute an appropri-
ate bargaining unit, in view of the ultimate control
residing in the Archdiocese concerning hiring, salary
determinations, budgets, and capital expenditures.
Nor does the limited history of collective bargain-
ing and organizational activity by employees of 2 of
the 26 high schools preclude us from finding that the
26 archdiocesan high schools constitute an appropri-
ate unit. There is no evidence of any presently ex-
isting collective-bargaining contract at any of the 26
high schools sought to be represented herein, or any
other Catholic high school in the Archdiocese. We
note further that no union has intervened in these
proceedings claiming to represent some or all of the
employees at any individual school within the unit
sought, or for that matter, at any other high school
located within the Archdiocese. Finally, there is no
indication that the Board has ever certified any labor
organization as representative of any of the employ-
ees employed at any of the archdiocesan high
schools.
The Employer contends, nevertheless, that the 26
high schools owned and operated by the Archdiocese
are an unconstitutional, arbitrary grouping of high
schools within the Archdiocese, pointing to the 42
other Catholic high schools that exist within this ter-
ritory. We disagree. The private schools are owned
and operated by various religious orders which over-
see the financial integrity of such schools and make
up the deficits which occur in them. Consequently,
the private schools as a group are an economic enter-
prise separate from the 26 archdiocesan high schools
and, further, are not administered by the Archdio-
cese as are those in the unit sought. Generally, these
conclusions also apply to the 11 high schools operat-
ed by local parishes within the Archdiocese. Those
parishes are responsible for the deficits incurred by
their schools. While occasionally the Archdiocese
will reimburse a parish school for a deficit, this does
not occur often enough to negate the conclusion that
the parish schools are, like the private schools, essen-
tially an economic enterprise separate from the arch-
diocesan high schools. In the main, they are also sub-
ject to the administrative control of the parishes
rather than the Archdiocese except as to capital ex-
penditures where approval must be sought from the
Archdiocese as it owns the school facilities.
In view of all the foregoing, it is clear that the 26
archdiocesan high schools may be considered as an
integrated unit for the purposes of collective bargain-
ing. Cf. Roman Catholic Archdiocese of Baltimore,
Archdiocesan High Schools, supra; The Catholic Bish-
op of Chicago, a Corporation Sole, supra.1 z
12 After the hearing closed , briefs were filed and the case transferred to
the Board for decision, the Employer filed letters dated April 2 and 9, 1976,
with the Board informing us that the Vatican has announced the creation of
a new diocese for Orange County to be effective on June 18, 1976. One
effect of this impending change will be that 2 high schools included in the
1' There is another instance of collective bargaining at a parish high unit of 26 high schools sought by the Petitioner will be within the jurisdic-
school, i.e ., Saint Monica High School, where an association of lay and tion of the new diocese for Orange County. These two schools are Mater
religious teachers bargain with that school over terms and conditions of Dei and Rosary. The Employer offered to present further documentation or
their employment. sworn testimony on this issue . Continued
1222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Unit Composition
The Petitioner seeks an election in a unit of all lay
teachers, including department chairpersons, athletic
directors, counselors, and librarian/teachers, em-
ployed by the Employer at the 26 archdiocesan high
schools involved in this Decision, excluding religious
teachers and all other employees.
The Employer would exclude department chair-
persons, athletic directors, counselors, and librarian/
teachers from the unit on the ground that they are
supervisors and/or managerial employees.
The Employer would also exclude from the unit
persons who volunteer all or part of their services to
the schools for the reason that these individuals do
not share a community of interest with others in the
proposed unit."
Five principals testified that department chairper-
sons have the authority to recommend the hiring or
firing of teachers. They also testified that these rec-
ommendations "played a tremendous part" in the de-
cisionmaking and they are "generally followed."
Rosemary Abend, department chairperson of the so-
cial sciences department at Bishop Montgomery
High School, testified she has the authority to recom-
mend that teachers be discharged. Abend further tes-
tified that she has made such recommendation in the
past, but that they had not been followed. She also
testified she has the authority to recommend that an
individual be hired, but that she has never exercised
this authority.
Department chairpersons regularly evaluate teach-
ers, recommend curriculum and textbooks, and rec-
ommend assignment of teachers to courses within
their respective departments. These recommenda-
tions are generally followed.
The preponderance of the evidence establishes that
department chairpersons have effective authority to
recommend hiring and firing of teachers, to evaluate
The Petitioner filed letters dated April 5 and 15, 1976. with the Board
stating that any changes which might occur in the school system of the Los
Angeles Catholic Archdiocese as a result of the creation of the diocese for
Orange County are speculative . The Petitioner also stated that reopening
the record for additional testimony would unnecessarily delay disposition of
this case . In our view, the effect of the creation of the diocese for Orange
County on schools presently within the geographical jurisdiction of the Los
Angeles Catholic Archdiocese is dependent upon facts which are uncertain
at present and therefore speculative . Furthermore , it is apparent that the
election herein will more than likely be held well before such change occurs,
if at all . Accordingly, we shall direct an immediate election . Federal Electric
Corporation, Western Test Range, 157 NLRB 1130. 1133, In. 6 (1966): cf.
Mental Health Services-Erie County South East Corp. V. 220 NLRB 96,
in. 5 (1975).
In light of the fact that Mater Dei and Rosary may be under the jurisdic-
tion of another diocese in the near future , Chairman Murphy would vote
under challenge the unit employees employed at those two schools.
13 While in its brief the Employer contended that religious teachers
should be included in the unit , the Employer withdrew this contention by
telegram dated March 3, 1976.
teachers, and to assign teachers to courses. There-
fore, we find that the department chairpersons are
supervisors within the meaning of the Act and we
shall exclude them from the unit. Adelphi University,
195 NLRB 639, 641-642 (1972). Roman Catholic
Archdiocese of Baltimore, Archdiocesan High Schools,
supra. 14
Athletic directors have functions very similar to
those of department chairpersons. They make recom-
mendations with respect to the hiring and firing of
coaches and these recommendations are generally
followed. They also assign specific duties to coaches
and determine the latter's working hours. According-
ly, we find that the athletic directors are supervisors
within the meaning of the Act and we shall exlude
them from the unit. Adelphi University, supra; Roman
Catholic Archdiocese of Baltimore, Archdiocesan High
Schools, supra.
Head counselors work at counseling full time.
They primarily coordinate the work of teacher/coun-
selors and make recommendations concerning the ef-
fectiveness of the latter. They effectuate basic coun-
seling policies among other faculty members who do
counseling. Consequently, it is clear that head coun-
selors use independent judgment in directing the
teacher/counselors. Therefore, we find that they are
supervisors within the meaning of the Act and we
shall exclude them from the bargaining unit. Adelphi
University, supra.15
Guidance counselors are teachers who have addi-
tional duties as counselors. They advise students with
respect to grades, performance in the classroom, se-
lection of a vocation, entrance into college, and the
acquisition of scholarships. They have limited or no
input in the formulation, determination, and effectu-
ation of counseling policies, and have no indicia of
supervisory authority. Since the teacher/counselors
have a close community of interest with the lay
teachers, they shall be included in the bargaining
unit. Bell Aerospace, a Division of Textron, Inc., 219
NLRB 963 (1975); cf. Northeastern University, 218
NLRB 240 (1975).
Each school has at least one librarian who is in
charge of the library. The librarian is responsible for
ordering books and magazines, cataloguing the
books and magazines, and coordinating the use of
the library by students and faculty. The librarians
spend much time with students instructing them in
14 The Catholic Bishop of Chicago, a Corporation Sole, supra, relied on by
the Employer , is distinguishable . In that case, department chairpersons were
elected annually for a I-year term and functioned simply as department
coordinators . They acted as liaison between the department faculty mem-
bers and the administration . In the instant matter, by contrast , department
chairpersons are permanently appointed and have effective authority over a
wide range of terms and conditions of employment of faculty members.
15 In view of this finding, it is unnecessary for us to determine whether the
head counselors are also managerial employees.
CARDINAL TIMOTHY MANNING, A CORPORATION SOLE 1223
the effective use of the library. The librarian/teach-
ers work in the libraries full time but do not formu-
late, determine , or effectuate the Employer's policies
within the meaning of Textron, Inc., supra. They
share a community of interest with the lay faculty
and neither possess nor exercise supervisory authori-
ty. Accordingly, they shall be included in the unit.
Cf. The Catholic University of America, 201 NLRB
929 (1973).
There are a number of individuals who volunteer
all or part of their services to the schools. For exam-
ple, one teacher taught physics at Verbum Dei High
School for many years without charge. This individu-
al did receive some contribution for these services
from his regular corporate employer but received no
remuneration from the high school. At Bishop Alem-
any High School, 20 parents work 2 days a week in
return for a reduction in tuition for their children.
Two public school teachers teach science and math
at St. Michael's High School in the evening and in
return receive board for their children at the school.
At St. Paul's High School a lawyer volunteers his
services to teach a seminar on the law to senior stu-
dents. Also at St. Paul's, parents freely contribute
their time to work in the library and at a study center
in the social studies department of the school. At
Mater Dei a home economics teacher works for a
very low income and considers the difference be-
tween her actual salary and the amount she could
earn as a contribution to the school. There also is a
volunteer librarian at Mater Dei.
These individuals who volunteer all or part of their
services clearly do not have the same interest in wag-
es as do their colleagues who are dependent upon
their salaries for their support and the support of
their families. Since the people who volunteer ser-
vices do not have a community of interest with the
other teachers in the unit, they shall be excluded. Cf.
Seton Hill College, 201 NLRB 1026 (1973).
We find that the following employees of the Em-
ployer have a community of interest sufficient to
constitute a unit appropriate for the purposes of col-
lective bargaining within the meaning of Section 9(b)
of the Act:
All lay teachers including teacher/counselors
and librarian/teachers, but excluding depart-
ment chairpersons, athletic directors, head coun-
selors, other supervisors within the meaning of
the Act, lay teachers who volunteer their ser-
vices, and all other employees of the Employer,
at the following high schools:
Bishop Alemany, Bishop Amat, Bishop Mont-
gomery, Bishop Cantwell, Bishop Conaty,
Bishop Mora Salesian, Bishop Garcia Diego,
Cathedral, Damien, Daniel Murphy, Junipero
Serra, Mater Dei, Our Lady of Loretto, Para-
clete, Pater Noster, Pius X, Regina Caeli, Ro-
sary, St. Bernard, St. Bonaventure, St. Joseph
(Lakewood), St. Joseph (Santa Maria), St. Mi-
chael, St. Paul, Santa Clara, and Verbum Dei.
[Direction of Election and Excelsior footnote omit-
ted from publication.]
APPENDIX A
Total receipts for 26 archdiocesan
schools for fiscal year ended March 31,
1975, and school year ended June 30,1974.
3/31/75 6/30/74
Bishop Mora Salesian $ 430,531 $ 407,371
Cantwell 363,356 310,689
Cathedral 253,189 255,815
Damien 375,479 349,367
Daniel Murphy 328,674 267,661
Junipero Serra 293,380 269,276
Pater Noster 190,597 170,566
Verbum Dei 192,603 165,980
Alemany 572,689 576,857
Bishop Amat 768,643 723,594
Bishop Montgomery 681,042 623,904
Mater Dei 1,029,033 941,265
St. Bernard 752,725 651,996
St. Paul 728,449 698,385
Bishop Garcia Diego 362,457 307,191
Paraclete 206,245 181,125
St. Bonadventure 253,236 219,584
St. Joseph ( Santa Maria) 236,755 209,857
Santa Clara 388,099 353,740
Bishop Conaty 412,381 343,766
Our Lady of Loretto 206,829 197,581
Regina Caeli 144,189 132,660
Rosary 197,965 156,684
St. Joseph Girls' 339,350 300,789
St. Michael 132,139 121,676
Pius X 694,643 643,741
1224 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
APPENDIX B
Out-of-state expenditures by the 26 archdiocesan
high schools.
National
Testing
Out-Of-State Service
Bishop Alemany, Mission Hills $23,342.15 $1,869.32
Bishop Amat , La Puente 18 ,918.57 2,943.74
Bishop Conaty Memorial , L.A. 29,118.00 350.00
Bishop Garcia Diego, Santa Barbara 19,000.00 1,199.57
Bishop Montgomery , Torrance 15,000.00 2,188.00
Bishop Mora Salesian , L.A. 31,462.00 406.95
Cantwell , Montebello 2,111.30 814.57
Cathedral , L.A. 20,162.26 521.05
Damien , La Verne 5,415.00 1,388.00
Daniel Murphy , L.A. 13,000.00 654.51
Junipero Serra , Gardena 12,890.03 -0-
Mater Dei, Santa Ana 16,800.00 3,547.02
Our Lady of Loretto, L.A. 12,640.00 902.94
Paraclete , Lancaster 6,031.95 780.64
Pater Noster , L.A. 2,361.82 809.68
Pius X, Downey 13 ,609.84 593.00
Regina Caeli , Compton 2,547.84 425.14
Rosary, Fullerton 1,445.09 787.28
St. Bernard , Playa del Rey 12,358.00 2,490.00
St. Bonaventure , Ventura 3,089.82 879.12
St. Joseph, Los Angeles 11,655.68 246.00
St. Joseph , Santa Maria 6,250.03 794.01
St. Michael , L.A. 5,187.39 546.29
St. Paul , Santa Fe Springs 12,044.92 2,948.83
Santa Clara , Oxnard 16 ,473.47 934.93
Verbum Dei 2,409.06 273.21
Total $315 , 323.22 $29 , 193.80
APPENDIX C
Deficits for the 26 archdiocesan schools
for the fiscal year ended March 31 , 1975, and
school year ended June 30, 1974.
3/31/75 6/30/74
Bishop Mora Salesian $ 121,037
Cantwell 67,510
Cathedral 104,874
Damien 64,468
Daniel Murphy 44,149
Junipero Serra 53,381
Pater Noster 63,693
Verbum Dei 95,922
Alemany 93,180
Bishop Amat 18,953
Bishop Montgomery 72,712
Mater Dei 26,015
St. Bernard 9,395
St. Paul 53,547
Bishop Garcia Diego 63,688
Paraclete 67,953
St. Bonaventure 17,884
St. Joseph (Santa Maria ) 39,329
Santa Clara 12,678
Bishop Conaty 53,636
Our Lady of Loretto 53,449
Regina Caeli 27,850
Rosary 19,584
St. Joseph Girls' 52,868
St. Michael 38,520
Pius X 11,886
102,801
76,059
89,537
45,317
42,277
51,923
62,361
89,492
50,646
16,286
62,925
11,036
35,381
34,165
57,250
61,056
20,426
45,154
5,191
91,403
40,027
24,073
29,692
38,208
38,349
130,653
1/ The high deficit for the school year ended
June 30, 1974, resulted from the full
payment in 1973-74 of all outstanding
accounts payable and the reduction of income
by the transfer of prepaid 1974--75 fees,
amounting to $59,270 to 1974-75 income.