Florida Southern College

National Labor Relations Board - Board Decisions

May 3, 1972

196 N.L.R.B. 888 (N.L.R.B. 1972)

888 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Florida Southern College and Florida Education Asso-
ciation, Inc., Petitioner . Case 12-RC-3867
May 3, 1972
DECISION AND DIRECTION OF ELECTION
BY CHAIRMAN MILLER AND MEMBERS FANNING,
JENKINS , AND PENELLO
Upon a petition duly filed under Section 9(c) of the
National Labor Relations Act, as amended, a hearing
was held before Hearing Officer Mary Lee Meder of
the National Labor Relations Board.
Following the hearing and pursuant to Section
102.67 of the National Labor Relations Board Rules
and Regulations, Series 8, as amended, by direction of
the Regional Director of Region 12, the case was
transferred to the Board for decision. Thereafter, the
Employer filed a brief with the Board.
The Hearing Officer's rulings made at the hearing
are free from prejudicial error. The rulings are hereby
affirmed.
Upon the entire record in this case, including the
brief filed herein, the Board finds:
1. The Employer is engaged in commerce within the
meaning of the Act, and it will effectuate the purposes
of the Act to assert jurisdiction herein.
2. The Petitioner claims to represent certain em-
ployees of the Employer and seeks an election in a
unit of professional employees of the Employer's fac-
ulty. At the hearing, the Employer contested the sta-
tus of the Petitioner as a labor organization within the
meaning of the Act. The record reveals that the Peti-
tioner is an organization composed of teachers in the
public schools, junior colleges, and universities who
are either employed by counties within the State of
Florida, or within the state university system. The
Employer contends that Petitioner has no contracts
with private employers and that its members are not
employees within the meaning of Section 2(3) of the
Act.
It further argues that employees of governmental
institutions are excluded from the definition of em-
ployees within the meaning of Section 2(3) of the Act,
and that under Section 2(5) of the Act, for an organi-
zation to be a labor organization, the organization
must have [statutorily defined] employees whose par-
ticipation in the affairs of the organization is "sub-
stantial and meaningful."'
The record shows that Petitioner's purpose and
1 International Organization of Masters, Mates & Pilots of America, AFL-
CIO (Chicago Calumet Stevedoring Co.), 125 NLRB 113 (1959 ), remanded
240 F. Supp . 859 (C.A.D.C., 1960), Supplemental Decision 144 NLRB 1172
(1963), Second Supplemental Decision , 146 NLRB 116 (1964), affd. 351 F.2d
771 (C.A.D.C., 1965).
function is to promote the well-being of the members
of the association with regard to wages, hours, and
working conditions. Petitioner has also expressed a
willingness to represent the employees of the Employ-
er in an appropriate unit, and to bargain collectively
with respect to matters of wages, hours, and working
conditions for the employees if designated by the em-
ployees as their representative in a Board-conducted
election. As the Petitioner has expressed a willingness
to represent the employees in the unit involved herein
we find that Petitioner is eligible, as a labor organiza-
tion within the meaning of Sections 2(5) and 9(c)(1)
of the Act, to file the petition herein and participate
in any election directed. 2
3. A question affecting commerce exists concerning
the representation of certain employees of the Em-
ployer within the meaning of Sections 9(c)(1) and 2(6)
and (7) of the Act.
4. The Employer is engaged in the operation of a
private Methodist-owned nonprofit college engaged
in higher education at the undergraduate level at
Lakeland, Florida. The Petitioner seeks a unit of "All
professional, fulltime faculty members employed by
the employer" at its Lakeland, Florida, facility, ex-
cluding "office clerical employees, guards and super-
visors as defined in the Act." The Employer takes the
position that certain classifications of faculty mem-
bers including part-time and dual capacity individuals
should be included in any unit found appropriate by
the Board. The Employer also contends that certain
other individuals are not supervisors and should be
included in the unit, and that the R.O.T.C. instructors
and the instructors at the McCoy A.F.B. facility
should be included in the unit. Petitioner would ex-
clude these employees.
In support of its position for inclusion in the unit
of the R.O.T.C. instructors, the Employer contends
that they are part of the college faculty. The record
shows that there are five R.O.T.C. instructors (one
colonel and four majors). All of these officers are on
active duty with the U.S. Army. The R.O.T.C. instruc-
tors, unlike other faculty members, are not and do not
become tenured and they are paid by and subject to
the U.S. Army. Because of their responsibilities as
officers of the U.S.Army, we do not believe that they
share sufficient interests in common with the other
faculty members and we shall exclude them from the
unit. Manhattan College, 195 NLRB No. 23.
As to the remaining classifications and individuals
in dispute we make the following findings:
Departmental executive officers: These officers are
appointed on an annual basis by the college president. 3
The primary function of the departmental executive
2 Gino Morena d/b/a Gino Morena Enterprises, 181 NLRB 808.
3 Of the 18 departmental executive officers at the time of the hearing, the
parties stipulated that 3 of them , Drs. Gilbert, Snodgrass , and Burnette, each
196 NLRB No. 133
FLORIDA SOUTHERN COLLEGE 889
officer is to act as a coordinator of the department
and be the liaison between the dean's office and the
department. They do not receive any additional com-
pensation for their added position and they maintain
their normal teaching schedule. Although they have
been called upon to conduct interviews with appli-
cants for teaching positions, this is also done by other
faculty members of the department with each faculty
member presenting his own views to the dean of aca-
demic affairs. The Departmental executive officers
normally do not make separate independent evalua-
tions of applicants, and, according to the testimony of
Dr. Pearce, the dean of the college, who makes the
final recommendation as to the hiring of new faculty
members, the views of all of the departments faculty
are given equal weight. The record also indicates that
the filling of the position of departmental executive
officer in the various departments is done on a rotat-
ing basis without regard to seniority or tenure of the
department faculty members. Departmental execu-
tive officers do not discuss contractual terms with the
faculty of their department, they are not responsible
for the preparation of department budgets, and they
do not assign or schedule courses or approve out-of-
pocket expenditures made by faculty members. In
these circumstances, we find that the departmental
executive officers are not supervisors and we shall
include them in the unit .4
Librarians: The Employer would include the seven
librarians in the unit. The Petitioner takes no position
as to these individuals. As the record shows that the
librarians have advanced training and possess degrees
in library science, are eligible for and in some instan-
ces do have tenure, attend and vote at faculty meet-
ings, and in many respects through their functions as
librarians in relationship with the members of the
student body make substantial contributions to the
education of the students, we find the librarians are
professional employees engaged in functions closely
related to teaching and that they have a community
of interest with the faculty. Accordingly, we shall in-
clude them within the unit.'
Part-time faculty: The Petitioner would exclude and
the Employer include the part-time faculty members.
The record shows that there are approximately 10
part-time faculty members who teach half time or less.
They teach at the college under annual contracts cov-
ering their specific courses. They all teach either 3 or
6 credit hours a semester in addition to related times
of whom was also a division chairman , were supervisors and therefore ex-
cluded from the unit.
Fordham University, 193 NLRB No. 23.
5 C. W. Post Center of Long Island University, 189 NLRB No. 109. Head
Librarian Louise Sumner recommends the employment of clerks, typists, and
stenographers . The record also indicates that the head librarian can effective-
ly recommend the hiring and firing of the librarians. We shall therefore
exclude her from the unit as a supervisor.
for classroom preparation, etc. They are accorded fac-
ulty status and are permitted to attend and speak at
faculty meetings , where, although not authorized to
vote, they have voted on issues. As these employees
have qualifications and work functions similar to
those of the full-time faculty, we shall include them in
the unit .6
Dual function employees:. There are approximately
six employees of the college who serve in dual capaci-
ties, partly administrative and partly teaching. The
Petitioner would exclude these employees and the
Employer would include them.
Walter Murphy is the dean of students and he also
teaches one or more courses in the department of
religion and philosophy. In addition to these func-
tions, however, the record shows that Mr. Murphy sits
on a committee composed of the dean of the college,
the academic dean, the division chairman involved,
and himself, the function of which is to make rec-
ommendations regarding the hiring or firing of facul-
ty members. As this committee appears to make
effective recommendations regarding the status of the
faculty members and applicants, we find him to be a
supervisor and exclude him from the unit.
Carol M. Esau is the college registrar and director
of admissions. Although a member of the faculty, she
does not engage in any teaching function. In addition,
she also responsibly directs the admissions counselors
and the clerical staff in the registrar's office. As her
functions are primarily administrative and she ap-
pears to exercise supervisory powers, we shall exclude
her from the unit.
Reverend Thomas J. Price is the college chaplain
and he also teaches one or two courses per semester
in religion and philosophy.
Dr. Branston Thurston is assistant dean of academic
affairs and he also teaches three courses in the religion
and philosophy department.
Dr. Julianne Jordan works in an administrative ca-
pacity with drop sessions, is also a member of the
language department, and teaches two courses in Ger-
man. She is also a director in the fine arts area work-
ing in speech, drama, and music.
Albert W. Ream is the assistant to the dean of aca-
demic affairs. In addition to this administrative work
he teaches a course in "Art and Music" in the music
department. He also teaches the hand bell choir and
the chapel choir, and in the past has, on occasion,
taught Spanish in the modern language department.
Harold Waters is the publications director. He is
also, as of the date of the hearing, the departmental
executive officer of the journalism department. He
teaches one or two courses per semester in the journal-
ism department and as director of publications appar-
6 University of New Haven, Inc., 190 NLRB No. 102.
890 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ently has extensive responsibility to the students vis-a-
vis the student publications including the student
newspaper.
Thomas H. Greene is the dirbctor of athletics. In
addition, he also teaches three-fourths of the time in
the health and physical education department.
In addition to the above facts, most, if not all, of the
last six above-named employees enjoy faculty status
and attend, participate, and vote in faculty meetings.
As these employees appear to have a direct commu-
nity of interest with the full-time faculty and spend a
substantial portion of their time using those profes-
sional qualifications in work functions similar to the
full-time faculty, we shall include them in the unit?
Boris Sokolof operates the Southern Bio Research
Institute which is located in the National Science
Building on the college campus. His efforts at this
time are being directed toward cancer research. Dr.
Sokolof has a Ph.D., an M.D., and a Doctor of Sci-
ence degree. He attends faculty meetings, votes as a
faculty member, receives all of the privileges and
fringe benefits, and may be tenured. Based upon the
intellectual character of his duties and his qualifica-
tions, which are similar to those of other faculty mem-
bers, we find him to be a professional employee with
similar interests and include him in the unit.'
Janis L. Black, Carolyn Cleveland, E. Keith Ewing,
and Francis E. Foland are admissions counselors;
Mack Gieger, Sandra K. Middleton, and Diane E.
Smith are assistant.deans of students; Martha Dur-
ham is assistant to the director, student financial aide;
O.B. Fanning is director of news bureau; Francis L.
Luce is administrative assistant, academic affairs;
and William B. Mundy is the assistant director of
admissions. The Employer would include these em-
ployees and the Petitioner would exclude them. The
record shows that although some of these individuals
have faculty status, their entire work efforts are direct-
ed toward the administrative functioning of the col-
lege. None of these individuals engages in the
teaching function. In addition, there is no showing
that these individuals are required to have knowledge
of the advanced type, or that they are performing the
intellectual and varied tasks contemplated in Section
2(11) of the Act or that the knowledge they are re-
quired to possess and the duties that they perform are
related to a discipline or field of science within the
purview of the teaching profession. In these circum-
stances, we shall exclude them from unit?
Corning Fisk Tolle is director of community and
alumni affairs and is also director of the student
7 Berea Publishing Company, 140 NLRB 516, 519.
8 C. W. Post Center of Long Island University, supra, "Research associate"
placement office. Although he had been a member of
the college faculty for more than 30 years, he does not
now engage in any teaching function. As his function
now appears to be primarily administrative, we shall
exclude him from the unit.
The parties are also in disagreement as to the inclu-
sion of certain part-time instructors at the college's
McCoy Air Force Base facility. The Petitioner would
exclude these employees. The facility at McCoy, an
extension of the college, is located approximately 50
miles from the main campus. The physical facilities
are provided by the Air Force, while the costs of
operations and teachers' salaries are carried entirely
by the college. There are approximately 25 part-time
instructors, a director, and 1 clerical employee. To be
eligible to attend classes at McCoy, the student must
be retired from the Air Force, a government employee
from the area, or a discharged serviceman.
The record shows that the director visits the college
campus approximately once a week for administrative
consultation and to secure supplies. In addition sever-
al of the full-time instructors from the college have
taught at the McCoy facility, when there has been a
need for their course. Students from McCoy also at-
tend lab and other special classes at the main campus.
On the other hand, the majority of the students at
McCoy take most of their classes at McCoy, and,
more importantly, few, if any, of the instructors at
McCoy (most of whom come from the Orlando area
and are part-time) teach courses at, have been pro-
moted to full faculty status in, or have any direct
connection with the faculty at the main campus. In
addition, although the department executive officer at
the main campus has a degree of responsibility for the
courses taught at McCoy within their respective disci-
plines, there is no showing of any day-to-day or peri-
odically frequent contacts or direction between the
faculty at the main campus and the McCoy facility.
In the absence of any real direct day-to-day supervi-
sion or substantial interchange of instructors and in
view of the fact that the McCoy facility is located
approximately 50 miles from the main campus, and as
no labor organization seeks to represent both facilities
in a single unit, we find that a unit limited to the main
campus at Lakeland, Florida, is appropriate.10
In accordance with these findings, we conclude that
the following unit is appropriate for the purposes of
collective bargaining within the meaning of Section
9(b) of the Act.:
All professional full-time and regular part-time
faculty of Florida Southern College, including
departmental executive officers, librarians, the
research associate, and those members of the fac-
section . 10 Duluth Avionics, Guidance & Control Systems Division of Litton systems,
9 C. W. Post Center of Long Island University, supra. Inc., 156 NLRB 1319.
FLORIDA SOUTHERN COLLEGE 891
ulty who occupy dual positions, but who spend guards, watchmen, and supervisors as defined in
a portion of their time engaged in the teaching the Act.
function, but excluding all administrative offi- [Direction of Election and Excelsior footnote
cers, R.O.T.C. officers, all other employees, omitted from publication.]