Rush University Medical Centertob

National Labor Relations Board - Unpublished Board Decisions

Mar 24, 2015

13-RC-143495 (N.L.R.B. Mar. 24, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
RUSH UNIVERSITY MEDICAL CENTER
Employer
and Cases 13-RC-143495
13-RC-143497
13-RC-143510
HEALTHCARE, PROFESSIONAL,
TECHNICAL, OFFICE, WAREHOUSE
AND MAIL ORDER EMPLOYEES
UNION, LOCAL 743, INTERNATIONAL
BROTHERHOOD OF TEAMSTERS
Petitioner
ORDER
Employer’s Request for Review of the Regional Director’s Consolidated Decision and
Direction of Election is denied as it raises no substantial issues warranting review.1
MARK GASTON PEARCE, CHAIRMAN
HARRY I. JOHNSON, III, MEMBER
LAUREN McFERRAN, MEMBER
Dated, Washington D.C., March 24, 2015.

1 Member Johnson would grant review for the sole purpose of permitting Board review of St. Vincent Charity
Medical Center, 357 NLRB No. 79 (2011), relied upon by the Regional Director, where a two-member Board
majority held that modified acute care hospital bargaining units need not conform to the Board’s Health Care Rule
regarding acute care hospital bargaining units, in circumstances where an Armour-Globe self-determination election
may add certain unrepresented employees to an existing nonconforming unit that pre-dated the Health Care Rule.
Here, Member Johnson acknowledges that the Regional Director correctly applied St. Vincent and then acceptably
conformed the petitioned-for units to the actual operational lines of the Employer. But the broader question is posed
here whether, despite being permissible under St. Vincent, the piecemeal organizing and the conducting of so many
elections to add employees to a non-conforming unit at acute care hospitals is consistent with the intention behind
the Health Care Rule. Member Johnson believes that allowing a rolling series of petitions, as here, contravenes one
of the key purposes of the Health Care Rule: streamlining the representation process and minimizing the disruption
that results from questions concerning representation arising at acute health care facilities.