Mon-Yough Community Mental Health

National Labor Relations Board - Board Decisions

Jan 19, 1977

227 N.L.R.B. 1218 (N.L.R.B. 1977)

1218 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Mon-tough Community Mental Health And Mental
Retardation Services, Inc. and Northern Area
Multi-Service Center of Allegheny County' and
Service Employees International Union, Pennsyl-
vania Social Services Union , Local 668, AFL-CIO,
Petitioner. Cases 6-RC-7380 and 6-RC-7381
January 19, 1977
DECISION AND ORDER
BY CHAIRMAN MURPHY AND MEMBERS
JENKINS AND WALTHER
Upon petitions duly filed under Section 9(c) of the
National Labor Relations Act, as amended, a hearing
was held before Hearing Officer Matthew M. Franck-
iewicz.2 Following the hearing and pursuant to
Section 102.67 of the National Labor Relations
Board's Rules and Regulations, Series 8, as amended,
these cases were transferred to the National Labor
Relations Board for decision. The named Employers
and the Petitioner filed briefs.
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 reviewed the Hearing Officer's
rulings made at the hearing and finds that they are
free from prejudicial error. They are hereby affirmed.
Upon the entire record in this proceeding, the
Board finds:
In Case 6-RC-7380, Petitioner seeks to represent
approximately 50 employees employed by Mon-
Yough Community Mental Health and Mental
Retardation Services, Inc., hereinafter Mon-Yough,
who are engaged in the provision of mental health
services. Mon-Yough contends that it is exempt from
Board jurisdiction. We agree.
Mon-Yough is a nonprofit Pennsylvania corpora-
tion which provides therapeutic care and rehabilita-
tion to mentally disabled, mentally retarded, and
aged clients in the southeastern part of Allegheny
County, Pennsylvania. Pursuant to Section 301 of
Pennsylvania's Mental Health and Mental Retarda-
tion Act of 1966, which mandates Allegheny County
to provide services for the mentally ill and mentally
retarded, Allegheny County has entered into succes-
i The names of the Employers appear as amended at the heanng.
2 Cases 6-RC-7380 and 6-RC-7381 were consolidated for heanng
pursuant to Sec 102.72 of the National Labor Relations Board 's Rules and
Regulations , Series 8, as amended
9 The Allegheny County Institutional District , a political subdivision of
the Commonwealth of Pennsylvania , hereinafter ACID, is responsible for
the provision of services for elderly and aging persons Pursuant to a Federal
grant obtained by ACID and administered through the Department of
Public Welfare of the Commonwealth of Pennsylvania , Mon-Yough was
engaged by ACID " to perform certain of the duties imposed upon the ACID
by reason of its acceptance of the Federal Grant "
227 NLRB No. 172
sive contracts with Mon-Yough since 1969. These
contracts designate Mon-Young as the "Provider of
Service" for such programs as "Aftercare," "Alchol-
ism," "Area Agency for the Aging," 3 "Base Service
Unit," "Community Living Arrangements," "Consul-
tation and Education," "Day Treatment Center,"
"Drug Center," "Drug Prison Corrections," "Mental
Retardation," "Outpatient," and "Therapeutic Activ-
ities Center."
Mon-Yough submits budgets for its programs to
Allegheny County for approval. The budgets identify
the amounts of money requested for each program
category, including contract services, salaries and
wages, travel, rent, maintenance, utilities, and'sup-
plies. Contracts are subsequently drawn up by
Allegheny County which specify the amounts of
money that Allegheny County will pay Mon-Yough
for operating its programs.
The Personnel Action Plan of Allegheny County,
known as the Allegheny Plan, sets forth detailed
policies and procedures for the administration of
Mon-Yough's programs. It requires Mon-Yough,
inter alia, to prepare a personnel policy procedure
manual for approval by Allegheny County. All of
Mon-Yough's employees are classified, and their
salaries set, in accordance with the Allegheny Plan
which provides detailed job descriptions including
minimum educational and/or experience require-
ments.4 Before Mon-Yough may hires or promote
employees, grant wage or merit increases,6 pay fringe
benefits,7 or set working hours, Allegheny County's
approval must be secured. In addition to filing forms
with Allegheny County each time it considers a
personnel change, Mon-Yough must submit monthly
personnel rosters and organizational charts and
yearly employee evaluations to Allegheny County.
Mon-Yough's executive director is directly super-
vised by Allegheny County. In addition, he regularly
meets with Allegheny County liaison personnel and
usually follows their recommendations.
The record demonstrates and we find that Alleghe-
ny County exercises substantial control over Mon-
Yough's labor relations policies. It supervises Mon-
Yough's executive director, contributes more than 90
percent of Mon-Yough's total operating funds, and
has a corresponding right to control the amount of
money available for each of Mon-Yough's programs.
4 On one occasion , Mon-Yough's proposal for an employee's salary was
rejected by Allegheny County as too low
S Personnel information must be submitted to Allegheny County before
Mon-Yough may hire a new employee Allegheny County reviews this
personnel information to determine whether or not the new employee meets
its established criteria . If not, Allegheny County funds may not be used to
hire the employee.
6 Since the beginning of 1975 Allegheny County has rejected approxi-
mately three raise requests submitted by Mon-Yough.
7 Contrary to Mon-Yough's request, Allegheny County has directed that
fringe benefits may not be provided for part-time personnel
MON-YOUGH COMMUNITY MENTAL HEALTH 1219
Furthermore, the record reveals that Allegheny
County exercises day-to-day control over Mon-
Yough's personnel policies through its requirement
that Mon-Yough conform to the Allegheny Plan
which provides for prior county approval of Mon-
Yough's personnel policies including decisions to
hire, promote, or grant pay raises to employees,
establishment of uniform job descriptions, experience
and/or educational requirements for employees,
salary guidelines, and a requirement for periodic
personnel reports. We find that such control requires
us to decline to assert jurisdiction herein.8 According-
ly, we shall dismiss the petition in Case 6-RC-7380.9
In Case 6-RC-7381 Petitioner seeks to represent 16
Adult Services employees receiving paychecks from
the Employer, Northern Area Multi-Service Center
of Allegheny County. The Employer is a nonprofit
Pennsylvania corporation with its main facility locat-
ed in Sharpsburg, Pennsylvania, and with a branch
office located in Tarentum, Pennsylvania. It employs
16 caseworkers, not involved in this petition, to
provide services for elderly, handicapped, and retard-
ed clients and operate a headstart program for
preschool children and a recreation program for
young people. The Employer operates almost exclu-
sively under contracts with Allegheny County to
provide these services in the northern and northeast-
ern portions of the county.
Allegheny County sends an additional 16 employ-
ees, designated as adult services employees, to the
Employer for the purpose of providing casework
service to elderly clients confined to their homes. As
stated, the Petitioner seeks to represent these persons.
The Employer contends, inter alia, that the adult
services employees are not employees of the Employ-
8 In view of our holding herein , we find it unnecessary to pass on the issue
of whether the services provided by the Employer are intimately connected
with the exempted operations of the county AE Services, Inc, 221 NLRB
64 (1975)
9 In declining jurisdiction over this Employer we distinguish our decision
in Mental Health Services - Erie County South East Corp, 220 NLRB 96
(1975) There, evidence of control of labor relations was far less substantial
than is present in the instant case
er but rather are employees of Allegheny County, an
exempt governmental entity under Section 2(2) of the
Act and that the petition should therefore be dis-
missed. We agree.
The adult services employees do not work either at
the Employer's Sharpsburg or Tarentum facilities,
but are based in offices located throughout Allegheny
County. They are hired, oriented, supervised, and
terminated by Allegheny County. Allegheny County
determines their salaries, promotions, pay increases,
fringe benefits, paid holidays, and working hours. In
addition, Allegheny County maintains their person-
nel records and timesheets.
The Employer pays to the adult services employees
salaries and travel reimbursements in amounts set by
and received from Allegheny County. Although these
employees are covered under the Employer's hospi-
talization plan, the Employer's share of the cost of the
plan for these employees is determined and paid by
Allegheny County. The record reveals that aside from
these functions the Employer possesses no control
over the terms of employment of the adult services
employees.
In light of the foregoing, we find that the adult
services employees are employees of Allegheny
County and not of the Employer. Accordingly, since
Allegheny County is an exempt governmental entity
under Section 2(2) of the Act, we shall dismiss the
petition in Case 6-RC-738 1.
ORDER
It is hereby ordered that the petitions filed in Cases
6-RC-7380 and 6-RC-7381 be, and they hereby are,
dismissed.
Mon-Yough also contends that the unit sought by Petitioner is inappropri-
ate on the basis that 13 of its employees are supervisors It also claims,
contrary to Petitioner , that employee Lacey Richardson is a professional
employee As we are dismissing the petition herein onjunsdictional grounds,
we find it unnecessary to resolve the issues raised by these claims.