Eventide South

National Labor Relations Board - Board Decisions

Dec 19, 1978

239 N.L.R.B. 894 (N.L.R.B. 1978)

DECISIONS OF NAFTIONAL LABOR RELATIONS BOARD
Eventide South, A Division of Geriatrics, Inc. and
Professional and Health Care Employees Division,
Retail Clerks Union Local No. 7, chartered by Re-
tail Clerks International Union, AFLCIO, Peti-
tioner. Case 27-RC-5691
December 19, 1978
DECISION AND CERTIFICATION OF
REPRESENTATIVE
BY CHAIRMAN FANNING AND MEMBERS JENKINS
AND PENELLO
Pursuant to authority granted it by the National
Labor Relations Board under Section 3(b) of the Na-
tional Labor Relations Act, as amended, a three-
member panel has considered objections to an elec-
tion held on June 1, 1978,' and the Regional
Director's report recommending disposition of same.
The Board has reviewed the record in light of the
I The election was conducted pursuant to a Stipulation for Certification
Upon Consent Election. The tally was 54 for, and 23 against, the Petitioner.
exceptions and briefs and hereby adopts the Region-
al Director's findings and recommendations.2
CERTIFICATION OF REPRESENTATIVE
It is hereby certified that a majority of the valid
ballots have been cast for Professional and Health
Care Employees Division, Retail Clerks Union Local
No. 7, chartered by Retail Clerks International
Union, AFL-CIO, and that, pursuant to Section 9(a)
of the Act, the foregoing labor organization is the
exclusive representative of all the employees in the
following appropriate unit for the purposes of collec-
tive bargaining with respect to rates of pay, wages,
hours of employment, and other terms and condi-
tions of employment:
All full-time and regular part-time employees,
including all technical, service and maintenance
employees employed by the employer at 1000
Stuart Street, Ft. Collins, Colorado; excluding
all professional employees including all regis-
tered professional nurses, social worker, and ac-
tivities director, business office clerical employ-
ees, including medical records clerks, guards
and supervisors as defined in the Act.
- The objections herein relate to active solicitation of union authoriza-
tions and employee support by charge nurses who are alleged to be supervis-
ors. These objections are rendered moot by a recent Board Decision (239
NLRB 287) in which the said charge nurses were found not to be superviso-
ry employees.
894