Drury College

National Labor Relations Board - Board Decisions

Dec 19, 1978

239 N.L.R.B. 890 (N.L.R.B. 1978)

DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Drury College and American Association of Univer-
sity Professors, Drury Chapter, Petitioner. Case
17-RC-8649
December 19, 1978
DECISION AND ORDER DIRECTING
REGIONAL DIRECTOR TO OPEN AND
COUNT BALLOTS
BY CHAIRMAN FANNING AN[) MFMBI RS Ji NKINS
AN[D MLRPHtY
Pursuant to the Regional Director's Decision and
Direction of Election for a unit of all full-time facul-
ty members who are on the tenure track at Drury
College, a secret-ballot election was conducted on
June 22, 1978. The tally of ballots showed that of 60
eligible voters all cast ballots of which 26 were for,
and 23 against, the Petitioner, and II were chal-
lenged.' The challenged ballots were sufficient in
number to affect the outcome of the election.
Pursuant to an order of the Regional Director, a
hearing was held on July 19 and 20, 1978, before
Hearing Officer James R. Waers who, on August 7,
1978, issued a report wherein he recommended that
the challenges to the ballots of Andrews, Matthews,
Young, and White be overruled and that those per-
taining to Corrigan, Lomax, Palmer, Martin, May-
nard, Wimberly, and West be sustained. Thereafter.
the Employer filed exceptions to the Hearing
Officer's disposition of the challenges as to Corrigan,
Lomax, Palmer, Martin, Maynard, and Young.
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 record in light of the
exceptions and hereby adopts the Hearing Officer's
findings and recommendations with respect to all of
the challenges but the one relating to Young.
Young, a full-time associate professor of educa-
tion, was employed at the college in that capacity
during the academic year September 1, 1977 Ma)
31, 1978, under a contract for that period.2 On March
1, 1978,3 Young signed another full-time faculty con-
tract for the following academic year. On April 7,
Dean Jorge L. Padron sent Young a letter, entitled
"Summer Contract," confirming the latter's appoint-
Benjamin Andrews. Daniel Corrigan. Victor Lomax. Michael Palmer.
Tom Martin. Mark Masnard, Edsel Matthews. Dickson oung, RozaLlea.
White. Lois Wimberls. and Ed)ythe West.
2 As a full-time faculty memher. Young was then on the tenure track, if
not already tent-ed.
All dates below refer to 1978.
ment to teach a course in the undergraduate summer
program from June 5 to July 7 at a salary of $1,060.4
On May 24, Young submitted a letter to Padron
resigning as associate professor "for the 1978-79
school year," explaining that he was accepting a posi-
tion in public education in Illinois. Young stated that
he would honor his summer commitments "to teach
several graduate independent studies and . .. inno-
vative British Studies courses," and planned to carry
out his "student teacher assignments." Young also
announced his intention to report to his new position
in Illinois immediately upon his return from a sched-
uled summer student trip to England.
On May 25, Padron acknowledged Young's letter
and stated that the resignation would take effect on
May 31. 5
Thereafter, Young taught the summer course dur-
ing the period of June 5-July 7 at the salary specified
in the special contract. Although Young was under
no obligation to perform any other services, he also
supervised some student teachers in practice teaching
but was not remunerated therefor by the college. 6 Fi-
nally, from July 14 to August 12, Young acted as one
of the tour leaders of a graduate credit student trip to
England for which the college gave him no salary.
The Hearing Officer found that Young was eligible
to vote because he was still employed as a faculty
member on the date of the election. In this connec-
tion, he analogized Young's status to that of terminal
contract faculty members who have been deemed by
the Board eligible to vote if they are still employed as
faculty members on the date of the election.7 Thus,
although the Hearing Officer recognized that Young
had no expectation of continued employment after
the completion of his "summer term responsibilities,"
the Hearing Officer nevertheless found that on June
22, the date of the election, Young still had a sub-
stantial community of interest with the full-time fa-
culty members in the unit.
However, in reaching the foregoing conclusion, the
Hearing Officer failed to take into account the signif-
icant fact that Young's status on June 22 was that of
a part-time summer employee and that he was then
no longer in the unit of full-time faculty members by
virtue of his resignation which became effective on
Acclrding it Padron. full-time facultN members were under no obliga-
rion io teach summner courses and those who chose to do so were given a
spcltal contract and reminunrallon for such part-time service.
P;drmn lestified Ihat as a result of his resignation Young was not there-
after eligible to participate in the program of health insurance and other
benefits available to full tune facults members
'I he record does not reseal whether. as indicated In his letter of resigna-
lonrl. Y ung also deoted time to teaching graduate independent studies
during the earls part ,of the summer However. it appears that such service
,as not required hb the college and that Young would not have received
compenraioir therefor.
See fI ,lmrivr ", I rir,,orit Ild State ,4grrl ulural ( ollege. 223 NLRB 423.
427 1976)
890
DRURY COLLEGE
May 31. Although Young did subsequently perform
some services which may in part have been related to
his former position as a full-time faculty member, it
is clear that they were residual, voluntary, and unsa-
laried, and that Young's principal role after his resig-
nation was that of a part-time employee with a spe-
cial summer contract and without any of the benefits
open to full-time faculty members. Accordingly, we
find, contrary to the Hearing Officer, that Young
was not in the unit of full-time faculty members on
June 22 and was as a part-time summer employee
ineligible to vote in the election. We therefore sustain
the challenge to his ballot.
As we agree with the Hearing Officer's disposition
of the remaining 10 challenges, we shall order the
Regional Director to open and count the ballots of
Andrews, Matthews, and White, which ballots may
affect the results of the election, and cause to be
served on the parties a revised tally of ballots, and to
issue the appropriate certification.
ORDER
It is hereby ordered that the Regional Director for
Region 17 shall, within 10 days from the date of this
Decision, open and count the ballots of Benjamin
Andrews, Edsel Matthews, and Rozalea White and
thereafter prepare and cause to be served on the par-
ties a revised tally of ballots and issue an appropriate
certification based on the revised tally of ballots.
891