McKeesport Hospital

National Labor Relations Board - Board Decisions

Oct 7, 1975

220 N.L.R.B. 1141 (N.L.R.B. 1975)

McKEESPORT HOSPITAL 1141
McKeesport Hospital and Licensed Practical Nurses
Association of Pennsylvania , Petitioner and Inter-
national Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America , Local 205,
Petitioner. Cases 6-RC-6948 and 6-RC-7004
October 7, 1975
DECISION ON REVIEW AND DIRECTION OF
ELECTION
BY CHAIRMAN MURPHY AND MEMBERS FANNING
AND JENKINS
Upon a petition duly filed under Section 9(c) of
the National Labor Relations Act, as amended, a
hearing was held before Hearing Officer F. J. Sur-
prenant of the National Labor Relations Board. On
March 31, 1975, the Regional Director for Region 6
issued a Decision and Direction of Elections in
which he directed elections among licensed practical
nurses, technical employees , maintenance employees,
ward clerks, and other "hospital clerical" employees,
with the licensed practical nurses voting on whether
they wished to be represented in a separate bargain-
ing unit or be included with the other named catego-
ries. Thereafter the Employer, in accordance with
Section 102.67 of the National Labor Relations
Board Rules and Regulations , Series 8, as amended,
filed a request for review of the decision of the Re-
gional Director on the ground that he erred in direct-
ing a separate election among the licensed practical
nurses.
By telegraphic order dated April 10, 1975, the
Board granted the Employer's 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 Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
The Board has considered the entire record in this
case with respect to the issues under review' and
makes the following findings:
The Employer operates a nonprofit hospital in
McKeesport, Pennsylvania, and a walk-in clinic in
Wilmerding, Pennsylvania, employing approximately
650 professional employees and 850 nonprofessional
employees. Approximately 500 of the Employer's
nonprofessional employees are currently represented
by the International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America,
Local 205 (hereinafter referred to as Local 205), in a
unit which was certified by the Pennsylvania Labor
Relations Board on January 29, 19742 The Employer
and Local 205 executed a collective-bargaining
agreement covering these employees effective from
May 1, 1974, to May 1, 1977.
In the instant case, Local 205 petitions to represent
a "residual" unit consisting of approximately 180
nonprofessional employees including all full-time
and regular part-time licensed practical nurses, tech-
nical employees,3 maintenance employees, ward
clerks, and other nonbusiness office clerical employ-
ees 4 at the Employer's facilities, excluding currently
represented employees, business office clerical em-
ployees (about 169 employees), switchboard PBX op-
erators, medical records department clerical employ-
ees, confidential employees, guards, professional
employees and supervisors as defined in the Act. The
petitioned-for employees constitute the only unrepre-
sented nonprofessional employees of the Employer
other than business office clericals.
The Licensed Practical Nurses Association of
Pennsylvania (hereinafter referred to as LPNAP) pe-
titioned to represent a unit limited to full-time and
regular part-time licensed practical nurses including
licensed practical nurses working in the OB/GYN
and ambulatory care departments, but excluding
those licensed practical nurses employed as technical
employees in the operating room and in the GU de-
partment.
The Regional Director found both petitioned-for
units possibly appropriate 5 and directed elections
giving the licensed practical nurses a self-determina-
2The unit includes- "All laundry, dietary, nursing assistants , aides com-
prised of pharmacy messengers , physical therapy escorts, social service, util-
ity technicians , anesthesia and x-ray escorts and housekeeping , elevator op-
erators, storeroom and snack bar employees, and excluding office and
clerical, technical, professional, registered nurses, staff development nurses,
licensed practical nurses, department coordinators, ward clerks and mainte-
nance employees , and further excluding management level supervisors, first
level supervisors, and confidential employees as defined in the Act."
3 The record indicates that the Employer employs the following classifi-
cations of technical employees which the Employer and Local 205 apparent-
ly agreed to include in the above "residual" unit registered and nonregis-
tered certified laboratory assistants, registered and nonregistered x-ray
technicians , operating room technicians , EEG and EKG technicians, regis-
tered and nonregistered lab technicians , GU technicians, isotope techni-
ctans, cardiopulmonary technicians, inhalation therapists , oxygen equip-
ment technicians , special procedure technicians, darkroom technicians,
autoanalyzer technicians , environmental surveillance technicians , autopsy
technicians , deep therapy technicians, and ortho technicians.
4 Local 205 and the Employer stipulated to the inclusion in the above
"residual" unit of the following hospital clerical employees: "maintenance
department cashier and secretary cashier, laboratory department clerk-typ-
ist, secretary, clerk receptionist , medical secretary II, and file clerk; x-ray
department chekveyer clerk, general clerk, clerk typist, office clerks, clerk
and clerk/receptionist , visual commentators assistant , housekeeping depart-
ment coordinators ; I V. department I.V clerk; engineering department
cashier and clinical cashier; purchasing department order clerk ; ambulatory
care department, clerk receptionists; nursing office evening receptionist;
dietary department clerk; and pharmacy department clerk-typist."
' The request for oral argument by Licensed Practical Nurses Association 5 The Regional Director found insufficient evidence to warrant the exclu-
of Pennsylvania is hereby denied , as the record , in our opinion , adequately sion of the licensed practical nurses in the operating room and the GU
presents the issues and arguments of the parties. Continued
220 NLRB No. 180
1142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion election to determine whether they wished to be
included in the other unit so found or to be sepa-
rately represented. The Employer contends that li-
censed practical nurses may not constitute a separate
bargaining unit and are not entitled to a self-determi-
nation election. Rather, the Employer asserts that
they should be included in the residual unit sought
by Local 205, which is comprised of all unrepresent-
ed service and maintenance employees including
technical employees. LPNAP, on the other hand, ar-
gues that licensed practical nurses should be allowed
to choose whether they wish to be represented in a
separate bargaining unit or in a unit with other em-
ployees, contending that licensed practical nurses do
not share any community of interest with either the
service and maintenance employees or technical em-
ployees.
For the reasons stated in St. Catherine's Hospital of
Dominican Sisters of Kenosha, Wisconsin, Inc.,6 and
Barnert Memorial Hospital Center,' we find that the
unit restricted to licensed practical nurses sought by
LPNAP is inappropriate. In those cases , the Board
majority held that in the health care industry licensed
practical nurses share a community of interest with
other technical employees and should be included in
a unit consisting of all such employees. The record,
further, does not indicate any bargaining history,
separate or otherwise, involving the licensed practical
nurses at the Employer's facilities. Accordingly, the
rationale of St. Catherine's and Barnert is applicable
and controlling.
Although LPNAP specifically sought to represent
a unit composed exclusively of licensed practical
nurses, it did indicate that, if the Board found the
unit sought inappropriate, it would, subject to an ap-
propriate time allowance for purpose of securing an
adequate interest showing , proceed to an election in
an all-technical employee unit. As has been our cus-
tom in those health care industry cases involving pe-
titions filed prior to the issuance of our lead decisions
in this area , we shall grant LPNAP's alternative unit
request subject to its submitting to the Regional Di-
rector, within 10 days of the date of this Decision,
proof of sufficient showing as may be required to
support the request.' Local 205, apparently on the
basis of its showing in Case 6-RC-7004 requesting
an election in a unit of all currently unrepresented
nonprofessional and nonbusiness office clerical em-
ployees, requests permission to participate in any
department and included them in the unit he found possibly appropriate.
No request for review was filed as to this finding.
6 217 NLRB No. 133 (1975).
' Nathan & Miriam Barnert Memorial Hospital Association d/b/a Barnert
Memorial Hospital Center, 217 NLRB No. 132 (1975).
See St. Catherine's, supra at fn. 24 ; Barnert, supra at fn. 40.
election encompassing Employer's licensed practical
nurses . We grant the request. Thus, employees eligi-
ble to vote in the election we direct in Case
6-RC-6948 shall vote whether they wish to be repre-
sented by LPNAP, Local 205, or neither. If a majori-
ty vote for representation by Local 205, the eligible
employees shall be added to the existing unit repre-
sented by Local 205.
As noted earlier, in Case 6-RC-7004 Local 205
sought to represent all unrepresented nonprofession-
al and nonbusiness office clerical employees? Hav-
ing found that an all-technical employee voting
group is appropriate in Case 6-RC-6948, the remain-
ing employees covered by Local 205's petition consti-
tute the only unrepresented employees performing
service and maintenance functions and share, on that
basis, a fundamental community of interest with the
employees currently represented. These employees
therefore constitute a proper residual unit and we
shall direct an election among them to determine
whether they wish to be represented by Local 205 or
to remain unrepresented.1° If a majority vote for Lo-
cal 205 the voting group shall be added to the ex-
isting unit represented by Local 205. In the event
LPNAP does not submit an adequate showing of in-
terest in support of the unit of all-technical employ-
ees, an election may not be conducted among those
employees as a separate group, and we shall dismiss
the petition in Case 6-RC-6948. In that event, the
unit sought by Local 205 will constitute an appropri-
ate residual group which, if a majority of those vot-
ing designate Local 205, shall be added to the ex-
isting unit represented by Local 205.
Accordingly, we find the following units may be
appropriate in the circumstances of this case, and if
an adequate showing of interest is made in Case
6-RC-6948, elections shall be held in the following
voting groups:
1. In Case 6-RC-6948: All technical employ-
ees, including all licensed practical nurses em-
ployed by the Employer at its McKeesport,
Pennsylvania Hospital and its Wilmerding,
Pennsylvania Valley Health Center, excluding
9 Local 205's unit description excludes, as "office" clericals, the medical
records clerical employees. While these employees have typically been des-
ignated "hospital clericals" since issuance of our lead decisions and placed,
on that basis, in service and maintenance units (see, e.g., Mercy Hospitals of
Sacramento, Inc., 217 NLRB No 131 (1975) ), our policy with regard to
their placement remains traditional , in the sense that we realize cases may
anse where they are properly designated "office" clericals Compare, e.g.,
North Dade Hospital, Inc. and Arnold A. Oper, d/b/a North Dade Medical
Center, etc., 210 NLRB 588 (1974), with Extendicare of West Virginia, Inc.,
d/b/a St. Luke's Hospital, 203 NLRB 1232 (1973); The Swanholm, an Opera-
tion of the Martin Luther Foundation, Inc., 186 NLRB 45 (1970). The parties
herein have stipulated that the medical records clericals are more properly
denominated office clerical . We see no reason to set aside the stipulation
and shall exclude them from the residual service and maintenance unit.
10 Cf. Levine Hospital of Hayward, Inc., 219 NLRB No. 81 (1975).
McKEESPORT HOSPITAL
all other employees , guards, professional em-
ployees and supervisors as defined in the Act.
2. In Case 6-RC-7004: All maintenance em-
ployees, ward clerks and hospital clerical em-
ployees employed at the Employer' s facilities ex-
cluding all other employees , guards , professional
employees and supervisors as defined in the Act.
Alternatively, if LPNAP does not submit a suffi-
cient showing of interest in Case 6-RC-6948, we find
that the following employees constitute an appropri-
ate voting group in Case 6-RC-7004 and an election
shall be held in such voting group:
1143
All licensed practical nurses, technical em-
ployees, - maintenance employees, ward clerks
and hospital clerical employees employed at the
Employer's facilities excluding currently repre-
sented employees, business office clerical em-
ployees, confidential employees, guards, profes-
sional employees and supervisors as defined in
the Act.
[Direction of Elections and Excelsior footnote
omitted from publication.]