Four Seasons Nursing Center of Joliet

National Labor Relations Board - Board Decisions

Jan 15, 1974

208 N.L.R.B. 403 (N.L.R.B. 1974)

FOUR SEASONS NURSING CENTER
Four Seasons Nursing Center of Joliet and Interna-
tional Union of Operating Engineers , Local 399.
AFL-CIO, Petitioner. Case 13-RC-13149
January 15, 1974
DECISION ON REVIEW AND ORDER
BY CHAIRMAN MILLER AND MEMBERS JENKINS
AND KENNEDY
On September 28, 1973, the Acting Regional
Director for Region 13 issued a Decision and
Direction of Election in the above-entitled proceed-
ing in which he directed an election in a unit of "all
maintenance men and helpers . ," comprised of
two employees at the Employer's nursing center. In
rendering that unit determination the Acting Region-
al Director rejected the Emr loyer's contention that a
unit composed solely of maintenance employees is
not appropriate. Thereafter, in accordance with
Section 102.67 of the National Labor Relations
Board's Rules and Regulations, Series 8, as amended,
the Employer filed a timely request for review of the
Acting Regional Director's decision and brief,
asserting, inter aha, that in finding a unit of
maintenance employees without a determination that
the two maintenance men had special skills or
interests distinct from the other employees, the
Acting Regional Director's findings were clearly
erroneous and departed from officially reported
precedent.
By telegraphic order dated October 29, 1973, the
National Labor Relations Board granted the request
for review and stayed the election pending decision
on review.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
The Board has considered the entire record in this
I See Monsanto Company, 183 NLRB 415
403
case with respect to the issues under review and
makes the following findings:
The Employer operates a nursing home in Joliet,
Illinois, where it employs approximately 143 employ-
ees in seven distinct departments: activities, adminis-
tration, dietary, housekeeping, laundry, nursing, and
maintenance.
Three men are employed in the maintenance
department, including a supervisor. The duties of
maintenance employees include cleaning, emptying
trash, moving furniture, replacing light bulbs, keep-
ing up the outer grounds, and minor functions of
carpentry, painting, and plumbing. They also per-
form minor repair work; major repair work is
contracted out to specially skilled workers from
outside the nursing home.
All employees of the nursing home work through-
out the home, are hourly paid, punch the same
timeclock, and share common dining and locker
areas. Although there is virtually no interchange of
duties between the maintenance department and the
other departments, both maintenance and house-
keeping employees perform basically a cleaning
function. Moreover, when the maintenance supervi-
sor is absent, his duties are taken over by the
housekeeping supervisor.
On the basis of the foregoing, and especially the
fact that the maintenance employees primarily
perform duties not requiring a high degree of skill or
specialized training, we find, contrary to the Acting
Regional Director, that the maintenance unit sought
herein is not composed of a distinct and homogene-
ous group of employees with interests separate from
those of other employees, and therefore is not an
appropriate unit.' Accordingly, we shall dismiss the
petition.
ORDER
It is hereby ordered that the petition herein be, and
it hereby is, dismissed.
208 NLRB No. 50