Stephens College

National Labor Relations Board - Board Decisions

Jan 24, 1979

240 N.L.R.B. 166 (N.L.R.B. 1979)

166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Stephens College and Stephens Federation of Teach-
ers, American Federation of Teachers, (AFL-CIO),
Local 3556, Petitioner. Case 17-RC-8467
January 24, 1979
DECISION ON REVIEW AND DIRECTION OF
ELECTION
By MEMBERS JENKINS. PENEII.O. AND TRUESI)AII
On May 31, 1978, the Acting Regional Director for
Region 17 of the National Labor Relations Board
issued a Decision and Direction of Election in which
he directed that an election be held in a unit includ-
ing professional librarians and full-time and part-
time members of the teaching faculty employed by
the Employer.' The Acting Regional Director exclud-
ed from the unit professional counselors, profession-
al residence counselors, department heads, the presi-
dent of the college, vice presidents and deans,
associate deans and assistant deans, all other non-
teaching faculty, office clerical employees, guards
and supervisors as defined in the Act, and all other
employees. Thereafter, in accordance with Section
102.67 of the Board's Rules and Regulations, Series
8, as amended, the Employer filed a request for re-
view of the Acting Regional Director's decision. The
Petitioner filed a motion opposing the Employer's re-
quest for review.
In its request for review the Employer contended
that the Acting Regional Director erred in excluding
from the unit department heads, professional resi-
dence counselors, and professional counselors. The
Employer asserted that the Acting Regional Direc-
tor's decision on substantial factual issues is clearly
erroneous on the record, that department heads are
not supervisors within the meaning of the Act. and
that professional residence counselors and profes-
sional counselors have a community of interest with
the full-time faculty.
By order dated August 8, 1978, the Board granted
the Employer's request for review but limited review
to the Acting Regional Director's exclusion of de-
partment heads as supervisors. In all other respects
the Board denied the request for review.
On September 26, 1978, in accordance with Sec-
tion 102.65 of the Board's Rules and Regulations, the
Employer filed a motion to remand this proceeding
to Region 17. In its motion the Employer relies on
I he Acting Regional Director directed an election in a unit of all "part-
time members of the teaching faculty employed by the En)ployer who iork
half time or more and hae been employed hb the Emploser for nmore thian
two years: all full-time members of the teaching facult: and professional
librarians."
240 NLRB No. 19
N.L.R.B. v. Yeshiva University, 582 F.2d 686 (2d Cir.
1978), in which the court of appeals found all full-
time faculty of Yeshiva University were outside the
Act's jurisdiction because they collectively possess
certain attributes of supervisors. The Employer con-
tends that in light of the court of appeals' decision in
Yeshiva the Board should remand the instant case to
Region 17 so that the Regional Director can issue a
supplemental decision regarding the managerial or
supervisory status of the Employer's full-time facul-
ty. The Petitioner filed a motion to deny the Employ-
er's request to remand. Petitioner argues, inter alia,
that the parties had stipulated to all issues in dispute
at the hearing and that the question of supervisory or
managerial status of the full-time faculty was not
raised by the Employer as an issue in dispute.
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 the
cas.e with respect to the issue under review, including
th, Employer's request for review and the motion to
remand, and the Petitioner's opposition, and makes
the following findings: 2
In making his unit determination the Acting Re-
ginal Director concluded that department heads ef-
fectively recommend salary increases and changes in
the status of faculty members, that they exercise sub-
stantial control over the day-to-day operations of
their respective departments, including assignments
and disciplinary matters, and that they perform a
substantial role in the selection of personnel.
The Board considers numerous factors in deciding
whether department heads should be included in a
faculty unit. One of the factors deemed crucial is the
role department heads play in faculty personnel deci-
si)ns such as hiring, discipline, and merit increases.
But in arriving at a conclusion on this issue the
Board has considered the "collegiality" principle.
Thus, in cases where the department head's powers
have been effectively diffused among the department
faculty pursuant to the principle of collegiality the
Board has found that department heads are not stat-
In ruling on the Emploer', motion to remand we note the Board filed
its petition for ril of certiorari in VN l R B v. }eshiva Inorsiitv. uiprau on
Noember 27. 1978. With all due respect to the second circuit we decline to
follo that decision here rom our examination of the record in the instant
case. e find the role and authoritrl of the facul!y in decisionmaking on
hiring. slar} increases. enure. and tiher areas exist on a collective and
group basis rather than ,1 an individual basis. Furthermore, e note the
final authority for all decisions clearl> rests ith the Fmph)l'er's board of
curators Accoirdingly. we find Stephens College fill-time faculi members
are not super. sors under the Act and we deny the LEmployer's motion to
renlilld See ( It' Pi (rnter 1.onrng Iland Imnieriit. I89 N.RB 9()4
(1971). o \ n ),rk oumiti. 25 NI.RB 4 (1973) and Ilntersil io/ Miumi.
213 NI RB 634 1974).
---
STEPHENS COl LEGE 167
utory supervisors and have included them in faculty
units.'
The record here indicates that both the department
heads and the faculty participate in collegial deci-
sionmaking regarding such matters as faculty ap-
pointment and retention, merit increases, departmen-
tal budget, and discipline. In hiring new faculty the
president of the college considers the recommenda-
tions of the department head along with the recom-
mendations of the dean and the departmental facul-
ty. The college assigns no controlling weight to the
department head's recommendation, and in some
cases the department head may not even submit an
independent recommendation but merely forwards
the departmental faculty's recommendation. In ques-
tions regarding the retention of probationary faculty
a committee of tenured faculty and the department
head submit recommendations to the president. The
record shows the retention of probationary faculty
does not depend upon a favorable recommendation
by the department head.
In disciplinary situations the record indicates the
department head has no authority to suspend a facul-
ty member for misconduct. At most the department
head or the faculty could call a problem to the dean's
attention and the dean would conduct an indepen-
dent investigation. The faculty also have input along
with the department head in other matters, including,
3See Fordham t'niversir. 214 NLRB 971 (1974); Li'nversir of Miai.
supra.
for example, faculty salary and workload, distribu-
tion of merit increases, formulation of the depart-
mental budget, and implementation of departmental
curriculum. Again it appears the department head's
recommendation in these matters is not determina-
tive of the final outcome.
In view of the foregoing and absent any evidence
that department heads possess indicia of supervisory
authority. we conclude, contrary to the Acting Re-
gional Director, that the department heads are not
supervisors and we shall include them in the unit.4
We find the following is an appropriate unit for col-
lective bargaining within the meaning of Section
9(b):
All part-time members of the teaching faculty
employed by the Employer who work half time
or more and have been employed by the Em-
ployer for more than two years: all full-time
members of the teaching faculty; department
heads; and professional librarians; excluding
professional counselors, professional residence
counselors, the President of the College, vice-
presidents and deans. associate deans and assis-
tant deans, all other non-teaching faculty, office
clerical employees, guards and supervisors as
defined in the Act, and all other employees.
[Direction of Election and Excelsior footnote omit-
ted from publication.]
4See Vorlheastern Lnierrt. 218 NI.RB 247 (1975). Tusculum College.
199 NLRB 28 (1972)
STEPHENS COt LEGE