Oakwood Hospital Corp.

National Labor Relations Board - Board Decisions

Jul 25, 1975

219 N.L.R.B. 620 (N.L.R.B. 1975)

620 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Oakwood Hospital Corporation and MichigIw District
Council No. 77, American Federation of State,
County and Municipal Employees , AFL-CIO, Peti-
tioner. Case 7-RC-12943
July 25, 1975
DECISION AND ORDER
BY CHAIRMAN MURPHY AND MEMBERS JENKINS
AND KENNEDY
Upon a petition duly filed under Section 9(c) of
the National Labor Relations Act, as amended, a
hearing was held before Hearing Officer James P.
Stevens of the National Labor Relations Board. Pur-
suant to Section 102.67 of the National Labor Rela-
tions Board Rules and Regulations and Statements
of Procedure, Series 8, as amended, the Regional Di-
rector for Region 7 transferred this case to the Board
for decision. Thereafter, the Employer and the Peti-
tioner filed briefs.
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 reviewed the Hearing Officer's rul-
ings 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:
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 labor organization involved claims to re-
present certain employees of the Employer.
3. No question affecting commerce exists concern-
ing the representation of certain employees of the
Employer within the meaning of Section 9(c)(1) and
Section 2(6) and (7) of the Act for the following rea-
sons.
The Petitioner seeks to represent all medical clerks,
medical secretary transcriptionists, and medical sec-
retaries in the medical records department together
with all medical secretary transcriptionists in the pa-
thology, radiology, and medical education depart-
ments.
The medical clerk files records coming from vari-
ous parts of the hospital into patient files and re-
trieves information from the files for processing
forms like birth certificates and insurance applica-
tions. The medical secretary analyzes records to veri-
fy that they are complete and compiles information
from medical records for studies. Medical secretary
transcriptionists type out material such as histories,
physicals, and consultations, dictated by medical
staff. There are approximately 49 employees in these
classifications. Since the Petitioner already represents
some 500 individuals in a unit of service and mainte-
nance employees, it seeks a Globe I election for these
clericals to determine whether they will join the ex-
isting unit.
We have recently held that business office clericals
in hospitals constitute an appropriate separate unit.
Mercy Hospitals of Sacramento, Inc., 217 NLRB No.
131 (1975) (Member Fanning concurring and Mem-
ber Kennedy dissenting in part); Sisters of St. Joseph
of Peace, 217 NLRB No. 135 (1975). Therefore, we
find no merit in the Employer's contention that the
business office clerical employees should be included
in the group of employees voting in the Globe elec-
tion.
However, we do find that Petitioner does not seek
an appropriate voting group of employees for a Globe
election. The petition, as amended at the hearing,
seeks an election among a limited number of service
clerical employees. It does not seek to include all the
unrepresented service clericals of the hospital and is
therefore inappropriate.2
There are a great number of nonbusiness office
clerical positions in the hospital which are not sought
by the Petitioner. Thus, there are numerous clerk-
typists throughout the hospital especially in the
housekeeping department. The instances of other
such clerical classifications are numerous including:
information clerk, utilization clerk, clinic clerk, phar-
macy clerk, secretary assistant in dietary, admitting
officer, senior clerk-typist, anesthesia clerk, senior
admitting officer, social service clerk, operating room
secretary, maintenance secretary, utilization secre-
tary, nursing office clerk, and night admitting officer.
Indeed, the Petitioner seeks to represent some but
not all clericals within the same department since it
seeks the pathology, radiology and medical educa-
tion transcriptionists, but not the pathology and ra-
diology secretaries, the pathology clerk-typist, the pa-
thology X-ray clerk, or the medical education clerk.
In view of the fact that the Petitioner does not seek
to add all of the unrepresented service clerical em-
ployees of the hospital to the existing unit, we find
that the requested voting group is not appropriate for
the purposes of holding a Globe election. Newington
Children's Hospital, 217 NLRB No. 134 (1975).
i The Globe Machine and Stamping Co., 3 NLRB 294 (1937).
2 There is no indication that there are any other unrepresented service
and maintenance employees.
219 NLRB No. 120
OAKWOOD HOSPITAL CORPORATION 621
As the Petitioner has made no alternative request
for a broader voting group , we shall dismiss the peti-
tion.
ORDER
It is hereby ordered that the petition in Case 7-
RC-12943 be, and it hereby is, dismissed.