The Central Dispensary & Emergency Hospital

National Labor Relations Board - Board Decisions

Dec 26, 1942

46 N.L.R.B. 437 (N.L.R.B. 1942)

In the Matter of THE CENTRAL DISPENSARY & EMERGENCY HOSPITAL
and BUILDING SERVICE EbiPLOYEES' INTERNATIONAL UNION, A. F. L.
Case No. R-1.163
SUPPLEMENTAL DECISION R>
AND
CERTIFICATION OF ' REPRESENTATIVES
December 06,19V
On September 26, 1942, the National Labor Relations Board issued
a Decision and Direction of Election in the above-entitled proceed-
ings.' Pursuant to the Direction of Election, an election by secret
ballot was conducted on October 21, 1942, under the direction and
supervision of the Acting Regional Director for the Fifth Region
(Baltimore, Maryland). On October 22, 1942, the Acting Regional
Director, pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, issued and
duly served upon the parties an Election Report.
As to the balloting and its results the Acting Regional Director
reported as follows.:
Total on eligibility list-------------------------------------- 251
Total ballots cast-------------------------------------------- 108
Total ballots challenged -------------------------------------- 5
Total blank ballots ------------------------------------------ 0
Total void ballots ------------------------------------------- 2
Total valid votes counted------------------------------------- 101
Votes cast for Building Service Employees ' International Union,
A. F. L---------------------------------------------------- 75
Votes cast against Building Service Employees ' International
Union, 'A. F. L--------------------------------------------- 26
Thereafter, the Central Dispensary & Emergency Hospital, herein
called the Hospital, filed objections to the Election Report. The Hos-
pital in its objections contends' that it is not engaged in commerce
within the meaning of the Act and that the report oil • the balloting
discloses that a majority of the employees did not Varticipate in the
1 44 N. L R B 533
46 N. L. R B, No 55
437
438 DECISIONS OF NATIONAL LABOR RELATIONS BOARD'
election. We have heretofore decided that, the Act is applicable to,
the Hospital and its employees.'
In order to ascertain whether a representative group voted, the
Board has conducted an independent investigation to ascertain whether
the employees had adequate notice of the election and opportunity to
vote therein. The investigation has disclosed and we find that the
employees had adequate notice and full opportunity to express their
desire at ' the election. We have consistently held that "majority"
means a majority of those participating in the election,3 subject to the
qualification that the results of the balloting be representative.' Here
it is clear that a substantial majority of those participating voted for
the Union. Moreover, the Board's investigation in this matter has dis-
closed, as the record, indicates, that the Hospital has a high rate of
turnover, so that a substantial number of those whose names appeared
upon the pay roll used to determine eligibility to vote in the election
were no longer employed by the Hospital at the time of the election.
The election was fair and representative. We And that the objection
has no merit and it is hereby overruled.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
Act, and pursuant to Article III, Sections 9 and 10, of National Labor
Relations Board Rules and Regulations-Series 2, as amended,
IT Is HEREBY CERTIFIED that Building Service Employees' Interna-
tional Union, A. F. L., has been designated and selected byIa majority
of all non-professional and non-technical employees, including all
attendants, maids, orderlies, porters, timekeepers, watchmen, telephone
operators, ambulance drivers, elevator operators, housemen, cleaners,
doormen, seamstresses, kitchen employees employed in the dietary, and
maintenance and repair employees of The Central Dispensary &
Emergency Hospital, Washington, D. C., excluding all professional,
'technical, clerical, and supervisory employees, and, all engineers and'
2 See decision cited in footnote 1.
"See Matter of Western Foundry Co., (Holland, Michigan); and International Union,
United Automobile , Aircraft & Agricultural Implement Workers of America, C I 0.,
42 N. L R B. 302; Matter of New York Handkerchief Mfg., Go - , and International Ladies'
Garment Workers Union, Local No. 7616, 16 N. L R. B . 532; enf'd , 114 F. ( 2d) 144
(C. C A. 7) ; Matter of Spring City Foundry and Foundry Workers Union of Waukesha,
11 N L. R B. 1286; Matter , of R. C A. Mfg Co., Inc. and United Electrical Radio &
Machine Workers of America , 2 N. L R. B. 159 , 173, and cases therein cited
4 See, for example , Ilattcr of L. A. Kendall, Jr, H. E Ream, Stanley Ashley, and Lester
Yutzy, Stanley Coal Company , Kray Coal Company, or whatever name doing business,iand
Sherman Helms and United Mine Workers of America District #31, affiliated unth C I. 0 ,
41 N. L. R. B. 395,397.
I
THE CENTRAL DISPENSARY & EMERGENCY HOSPITAL 439
firemen, as their representative for the purposes of collective bargain-
ing, and that, pursuant to Section 9 (a) of the National Labor Rela-
tions Act, Building Service Employees' International Union, A. F. L.,
is the exclusive representative of all such employees for' the purposes
of collective bargaining in respect , to rates of -pay, wages,,hours of
employment , and, other conditions of employment.