Rockford Memorial Hospital

National Labor Relations Board - Board Decisions

Jan 16, 1980

247 N.L.R.B. 319 (N.L.R.B. 1980)

ROCKFORD MEMORIAL HOSPITAL
Rockford Memorial Association d/b/a Rockford Me-
morial Hospital and Illinois Nurses' Association,
Petitioner. Case 33-RC-2381
January 16, 1980
DECISION ON REVIEW AND DIRECTION
BY MEMBERS JENKINS, PENEI.LO, AND
TRUESDALF.
On December 22, 1978, the Regional Director for
Region 33 of the National Labor Relations Board
issued a Decision and Direction of Election finding
that, under the Board's decision in Sierra Vista
Hospital, Inc., 225 NLRB 1086 (1976) (hereinafter
Sierra Vista ),' Petitioner, Illinois Nurses' Association
(INA), is a labor organization within the meaning of
Section 2(5) of the National Labor Relations Act, as
amended, and directing an election in a unit consisting
of the Employer's full-time and part-time registered
nurses.2 On December 28, 1978, the Employer filed a
request for review of the Regional Director's decision
contesting Petitioner's status as a labor organization
on the ground that it is subject to the influence,
domination, or control of supervisors as defined in the
Act. In this connection, the Employer also requested
reconsideration of Board policy concerning certifica-
tion of a bargaining representative in light of the
Fourth Circuit's decision in N.L.R.B. v. Annapolis
Emergency Hospital Association, Inc., d/b/a Anne
Arundel General Hospital,' denying enforcement of the
Board's bargaining order in Annapolis Emergency
Hospital Association, Inc., d/b/a Anne Arundel Gener-
al Hospital.1 The Employer further contended that the
Hearing Officer erred in (1) denying enforcement of
that portion of its subpena requesting copies of
Petitioner's current collective-bargaining agreements,
and (2) excluding evidence pertaining to publications
of the American Nurses' Association at the hearing in
the above-entitled matter. Petitioner also filed a
request for review, as well as a brief in opposition to
the Employer's request for review.
On January 3, 1979, Petitioner moved to withdraw
its request for review. By telegraphic order dated
' The Board's subsequent Decision and Order directing the employer
therein to bargain with the union is reported at 229 NLRB 232 (1977)
(hereinafter Sierra Vistao II.
' The appropriate unit, as found by the Regional Director, included the
following employees:
All full-time and regular part-time registered nurses, including assistant
head nurses. charge nurses. inservice instructors, registered nurses in
epidemiology, radiation oncology. perinatal and primary prevention
program, high risk onentation program, operating room nurse instructor,
coronary care patient instructor, and nurse graduates employed by the
Employer at its facility currently located at 2400 N. Rockton Avenue.
Rockford, Illinois; but excluding the Director of Nursing, Assistant
Directors of Nursing. Head Nurses. Employee Health Service Nurse,
247 NLRB No. 51
January 15, 1979, the Board granted the Employer's
request for review in light of the Board's then-pending
reconsideration of its decision in Sierra Vista Hospital.
Inc., 225 NLRB 1086. The Board also granted
Petitioner's motion to withdraw its request for review.
On March 30, 1979, the Board issued its decision in
Sierra Vista Hospital. Inc.. 241 NLRB 631 (1979)
(Member Truesdale dissenting) (hereinafter Sierra
Vista III), in which it made substantive rulings
affecting the issues raised in the Employer's request
for review. On May 18, 1979, the Board, in accor-
dance with the principles set forth in Sierra Vista 111,
decided that further hearing was required for the sole
purpose of adducing evidence as to whether Petitioner
is disqualified from serving as the unit employees'
statutory representative because the presence among
its membership of the Employer's supervisors or the
supervisors of third parties might give rise to a conflict
of interest in the representation of the Employer's
employees. On June 11, 1979, a hearing was held in
the above-entitled matter before a hearing officer of
the National Labor Relations Board. Following the
close of that hearing, the Employer filed a request for
enforcement of its second subpoena duces tecum and a
brief in support thereof.
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 issue, as posed above, is whether there is a
conflict of interest arising from the presence of
supervisors in Petitioner's internal organization. As
noted, the Employer argues that Petitioner is influ-
enced, dominated, or controlled by supervisors and
therefore is disqualified from representing its employ-
ees. Petitioner, however, in essence argues that there is
no evidence of supervisory influence or domination,
and that its capacity to represent properly the Em-
ployer's employees is not impaired.
We have carefully reviewed the entire record in
these proceedings and find no basis for the Employer's
assertion that Petitioner, because of the presence of
supervisors in its internal organization, is disqualified
from representing the appropriate unit of employees.'
As we emphasized in Sierra Vista III, supra, the
instructors in the School of Nursing, Nurses in the recruiting. utilization,
and review departments. Licensed Practical Nurses, all other employees.
guards and supervisors as defined in the Act.
' 561 F.2d 524 (4th Cir. 1977).
'221 NLRB 305 (1975).
We have also reviewed the Hearing Officer's rulings excluding exhibits
pertaining to publications of the American Nurses' Association and denying
enforcement of those portions of the Employer's subpoenae dures recum
requesting a listing of all current members of the INA and copies of the
following: (1) All current collective-bargaining agreements; (2) minutes of all
meetings of the officers. directors, and membership of INA from January .
1978. to June 11, 1979; and (3) all memoranda, minutes, notes, and
documents relating to any aspects of collective bargaining. including orga-
nizing, for the period of January . 1978, to June 11, 1979. We find no basis
(Continuedl)
319
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employer has the heavy burden of showing conflict of
interest.6 The mere allegation of such conflict is not
sufficient to sustain that burden. The employer must
adduce probative evidence that supervisory participa-
tion in a labor organization's internal affairs "presents
a clear and present danger of interference with the
bargaining process."'
In the instant case, the record evidence fails to
demonstrate that the presence of supervisors in
Petitioner's organization presents a conflict of interest
with Petitioner's capacity to represent the Employer's
employees. Beyond its general allegation that Petition-
er is dominated or influenced by supervisors, the
Employer has not presented evidence demonstrating
that its own supervisors or those of third parties
directly participate in or influence Petitioner's collec-
tive-bargaining process.' Indeed, it appears that Peti-
tioner has taken steps to insure that collective bargain-
ing at the local level is insulated from supervisory
participation or influence. Thus, under the INA's two-
tiered structure of state and local level organizations,
ultimate responsibility for collective bargaining lies
with a local committee whose membership is strictly
limited to bargaining unit personnel. All collective-
bargaining agreements are negotiated by the local
committee without interference by INA's board of
directors. This responsibility for collective bargaining
extends to the handling of grievances filed pursuant to
the contract. While an INA staff member assist and
advises the local bargaining unit on matters relating to
collective bargaining, that staff member has no veto
power over contract proposals or the final substantive
content of any negotiated collective-bargaining agree-
ment. Nor does the INA's board of directors have any
for reversing his rulings and find them free from prejudicial error. The
evidence sought to be admitted by the Employer. in our judgment, is not
relevant to the issue of whether Petitioner is qualified under a conflict-of-
interest approach to represent the unit employees.
'241 NLRB 63163 3.
' Id. at 634.
authority to pass on contract proposals developed at
the local level.
As the foregoing demonstrates, the Employer has
not shown that Petitioner's collective-bargaining pro-
cesses are influenced or dominated by supervisors and
therefore has not sustained its burden of showing a
clear and present danger of conflict of interest with the
representation of the unit employees. Accordingly, we
find, in agreement with the Regional Director, that
Petitioner is a labor organization within the meaning
of Section 2(5) of the Act, and that Petitioner is
qualified to represent the unit of employees found
appropriate by the Regional Director. We shall
therefore direct the Regional Director for Region 33
to open and count the ballots cast in the election
conducted on January 18, 1979, and to issue the
appropriate certification.
DIRECTION
It is hereby directed that the Regional Director for
Region 33 shall open and count the ballots cast in the
election conducted on January 18, 1979, and issue the
appropriate certification.
MEMBER TRUESDALE, concurring:
For the reasons set forth in my concurring opinion
in Baptist Hospitals, Inc., d/b/a Western Baptist
Hospital, 246 NLRB No. 25 (1979), and my dissent in
Sierra Vista Hospital, Inc., 241 NLRB 631 (1979), I
agree with my colleagues' decision directing the
Regional Director to proceed with opening and
counting the ballots cast in the January 18, 1979,
election herein, and thereafter to issue the appropriate
certification.
The only evidence introduced by the Employer at the une 11. 1979.
hearing was a listing of all officers and directors of INA. including their job
classifications, places of employment, and positions (past and present), for the
period January 1,. 1978, to June 11, 1979. No attempt was made by the
Employer to present evidence on the record of the supervisory status of these
individuals.
320