The Long Island College Hospital

National Labor Relations Board - Board Decisions

Aug 17, 1979

244 N.L.R.B. 330 (N.L.R.B. 1979)

Dt.CISIONS OF NATIONAL LABOR RELATIONS BOARD
The Long Island College Hospital and Local 144, Ho-
tel, Hospital, Nursing Home and Allied Services
Union, Service Employees International Union,
AFL-CIO. Case 29 CA-4562
August 17, 1979
SECOND SUPPLEMENTAL DECISION AND
ORDER DIRECTING HEARING
BY CHAIRMAN FANNING AND MEMBERS JENKINS
AND MURPHY
Pursuant to a Supplemental Decision and direction
of election,' an election by secret ballot was con-
ducted on January 25, 1979, in a unit of all full-time
and regular part-time employees in the maintenance
and engineering department of The Long Island Col-
lege Hospital, herein called the Employer, excluding
chief engineers, assistant chief engineers, clerk and
maintenance supervisors, and all supervisors as de-
fined in Section 2(11) of the Act, to determine
whether or not they desired to be represented for col-
lective-bargaining purposes by Local 144, Hotel, Hos-
pital, Nursing Home and Allied Services Union, Ser-
vice Employees International Union, AFL-CIO,
herein called Local 144, or by District 1199, National
Union of Hospital and Health Care Employees, Re-
tail Wholesale and Department Store Union, AFL
CI0,2 herein called District 1199, or by neither. A
majority of the employees cast votes for Local 144.'
Thereafter, the Employer filed timely objections to
the conduct of the election.
Pursuant to authority granted it under Section 3(b)
of the National Labor Relations Act, as amended, a
239 NLRB 1135 (1978). This Decision was issued by the Board pursuant
to a remand from the United States Court of Appeals for the Second Circuit
in the above-captioned case.
2 An order issued on January 19, 1979, granting District 1199's motion to
intervene and participate in the election herein.
The tally indicated that. of 70 eligible voters, 37 cast votes for Local 144.
2 for District 1199; 23 against the participating labor organizations: and 4
cast challenged ballots,
three-member panel has considered the Employer's
objections to the above election, the attached Re-
gional Director's Supplemental Decision [omitted
from publication] recommending disposition of the
same, the Employer's request for review of the Re-
gional Director's Supplemental Decision, and Local
144's statement in reply. The Board hereby adopts
the Regional Director's findings,4 conclusions, and
recommendations.'
ORDER
It is hereby ordered that a hearing be conducted
before a duly designated hearing officer for the pur-
pose of receiving evidence as to the issues raised by
the Employer's Objection I.
IT IS FURTHER ORDERED that the hearing officer des-
ignated for the purpose of conducting such hearing
shall prepare and cause to be served on the parties a
report containing resolutions of the credibility of wit-
nesses, findings of fact, and recommendations to the
Board as to the disposition of said objections. Within
10 days from the issuance of such report, either party
may file with the Board in Washington, D.C., eight
copies of exceptions thereto. Immediately upon the
filing of such exceptions, the party filing the same
shall serve a copy thereof on the other party and shall
file a copy with the Regional Director. If no excep-
tions are filed thereto, the Board will adopt the rec-
ommendations of the hearing officer.
IT IS FURTHER ORDERED that the above-entitled
matter be, and it hereby is, remanded to the Regional
Director for Region 29 for further proceedings consis-
tent herewith, including the arranging of such hear-
ing, and that said Regional Director be, and he
hereby is, authorized to issue notice thereof.
I In the absence of exceptions we adopt, proforma, the Regional Director's
recommendation with respect to Objection I.
The Employer's brief in support of its request for review raises no sub-
stantial issues of fact or law warranting reversal of the Regional Director's
recommendations or requinng a hearing as to the matters excepted to in the
request for review.
244 NLRB No. 58
330