Mercy Hospital

National Labor Relations Board - Board Decisions

Sep 30, 1975

220 N.L.R.B. 974 (N.L.R.B. 1975)

974 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Mercy Hospital and District 1199P , National Union of
Hospital & Health Care Employees , Division of
RWDSU, AFL-CIO, Petitioner . Case 6-RC-6938
September 30, 1975
DECISION ON REVIEW AND DIRECTION OF
ELECTION
BY CHAIRMAN MURPHY AND MEMBERS JENKINS
AND PENELLO
On March 25 , 1975, the Regional Director for Re-
gion 6 issued a Decision and Direction of Election in
the above-entitled proceeding in which he found ap-
propriate a service and maintenance unit which in-
cluded , among others , technical employees and ex-
cluded medical records department clericals at the
Employer's hospital facility . Thereafter , in accor-
dance with Section 102 .67 of the National Labor Re-
lations Board Rules and Regulations , Series 8, as
amended , the Employer and the Petitioner filed time-
ly requests for review of the Regional Director's De-
cision on the grounds , inter alia, that the unit found
appropriate by the Regional Director was inappro-
priate and that he made erroneous findings as to sub-
stantial factual issues and departed from officially
reported Board precedent.
The National Labor Relations Board , by tele-
graphic order dated May 5, 1975, granted the re-
quests for review and stayed the election pending de-
cision on review. Thereafter , the Employer and the
Petitioner filed briefs 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
proceeding with respect to the issues on review and
makes the following findings:
Petitioner in this case seeks a unit of all service and
maintenance employees , excluding all other employ-
ees, office clerical employees , technical employees,
licensed practical nurses, registered nurses, guards,
supervisors , and professionals as defined in the Act.
The Regional Director found appropriate a unit of
all service and maintenance employees but he includ-
ed in the unit certain employees Petitioner contends
are technical employees , and excluded from the unit
medical records department clericals. Employer con-
tends that the appropriate unit is a wall-to-wall unit
including all service and maintenance employees, all
LPN's, all technical employees , all clerical employ-
ees, and all professional employees . Alternatively,
Employer submits the appropriate unit consists of all
service and maintenance employees , all LPN's, all
technical employees , and all clerical employees. Fi-
nally, Employer maintains that, if the Board con-
cludes that neither of the Employer 's two suggested
units are approved, the Board should find at the very
minimum a unit composed of all service and mainte-
nance employees , all LPN's, all plant clericals, and
all nonregistered , noncertified , or nonlicensed techni-
cians . Petitioner argues that the appropriate service
and maintenance unit should be as found by the Re-
gional Director , except that technical employees
should be excluded and medical records clerical em-
ployees should be included in the broad service and
maintenance unit.
For the reasons set forth in Nathan and Miriam
Barnert Memorial Hospital Association d/b/a Barnert
Memorial Hospital Center, 217 NLRB No. 132
(1975), we find that a unit limited to the service and
maintenance employees constitutes an appropriate
unit . For the reasons set forth in Sisters of St. Joseph
of Peace, 217 NLRB No. 135 (1975), we shall include
medical records clerical employees in the service and
maintenance unit.
We still must decide , under the guidelines set forth
in Barnerl Memorial Hospital, supra, which classifica-
tions should be excluded from the service and main-
tenance unit because they are technical.
1. Certified Laboratory Assistant
This employee works under the supervision of a
medical technologist and performs chemical , micro-
scopic, serologic, hematologic , and bacteriologic ex-
aminations of body fluids and tissues in the clinical
laboratory . The incumbent must have an education
equivalent to high school and 1 year of training in an
approved hospital course leading to registration as a
Certified Laboratory Assistant by the American So-
ciety of Clinical Pathologists (ASCP). We therefore
find this employee to be technical.
2. Junior Histological Technician
This employee performs a variety of duties in the
preparation and processing of histopathological spec-
imens to assist in the diagnosis and treatment of dis-
eases . He receives specimens and prepares slides. He
uses stains and records and files slides . The incum-
bent in this position must have an education equiva-
lent to high school plus 2 years of training in a labo-
ratory certified for histopathology training by the
ASCP . The employee must be certified by either the
ASCP or the American Society of Medical Technolo-
gy. We therefore find this employee to be technical.
220 NLRB No. 145
MERCY HOSPITAL
3. Cytotechnologist
This employee examines and prepares slides for
examination to provide the pathologist with informa-
tion for the diagnosis and treatment of diseases. He
performs a variety of duties in connection with the
preparation of slides and observes and analyzes them
for cancer cells. The incumbent must have an educa-
tion equivalent to 2 years of college and 1 year of
hospital training in an approved school of cytotech-
nology leading to ASCP registration. We therefore
find this position to be technical.
4. Radiological Technologist
This employee takes and processes radiographs
and administers therapeutic treatment under the di-
rect supervision of a radiologist. He also operates ra-
diographic equipment, positions patients, keeps rec-
ords, and maintains equipment in good condition.
The incumbent must have an education equivalent to
high school plus 2 years of training in an accredited
X-ray school. The incumbent should also be regis-
tered by the American Registry of Radiologic Tech-
nologists. We therefore find the radiological technol-
ogist to be a technical employee.
As to the following employees, the record is insuf-
ficent to determine whether or not they are technical
employees. Barnert Memorial Hospital, supra. We
shall therefore allow the following employees to vote
subject to challenge: medical technician, surgical
technician, physical medicine technician, respiratory
therapy technician, electrocardiogram technician, tis-
sue technician, and autopsy technologist.
975
We find the appropriate unit in this case to be:
All regular full-time and part-time employees in
the service and maintenance functions, includ-
ing medical records clerical employees, em-
ployed at the Employer's Altoona, Pennsylva-
nia, facility but excluding technical employees,
licensed practical nurses, business office cleri-
cals, professional employees, guards and super-
visors as defined in the Act, and all other em-
ployees.
[Direction of Election 1 omitted from publication.]2
MEMBER PENELLO, dissenting:
For the reasons set forth in the dissenting opinions
in Barnert Memorial Hospital Center,' and in Newing-
ton Children's Hospital,4 I disagree with the decision
of my colleagues to exclude the technical employees
from the service and maintenance unit herein.
Mindful of the congressional mandate, as evi-
denced by the legislative history preceding the pas-
sage of the 1974 health care amendments to the Na-
tional Labor Relations Act,' to avoid proliferation of
bargaining units in the health care industry, I would
require, unlike my colleagues, that all technical em-
ployees, including LPN's, be included in the unit.
1 The Regional Director shall determine whether the showing of interest is
sufficient before proceeding with the election
2 [Excelsior fn. omitted from publication.]
' 217 NLRB No. 132 (1975).
4217 NLRB No. 134 (1975).
5 S. Rept . 93-766, 93d Cong., 2d Sess. 5 (1974); H. Rept . 93-1951, 93d
Cong., 2d Sess. 7 (1974)