The Ohio Masonic Home, Inc.

National Labor Relations Board - Board Decisions

Jun 15, 1989

295 N.L.R.B. 396 (N.L.R.B. 1989)

396 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
The Ohio Masonic Home, Inc. and Teamsters Local
Union No. 957 , affiliated with the international
brotherhood of Teamsters , Chauffeurs, Ware-
housemen and Helpers of America, AFL-CIO,
Petitioner . Case 9-RC-15319
June 15, 1989
DECISION AND ORDER
BY CHAIRMAN STEPHENS AND MEMBERS
JOHANSEN AND HIGGINS
The Petitioner seeks to represent a unit of all
full-time and regular part -time registered nurses
employed by the Employer at its Springfield, Ohio
facility. A hearing was held on May 3, 1988, before
Hearing Officer Matthew T. Denholm.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
The Board affirms the hearing officer's rulings,
finding them free from prejudicial error. On the
entire record, the Board makes the following find-
ings.
1. JURISDICTION
The Employer, a nonprofit Ohio corporation, is
engaged in the operation of a nursing home in
Springfield, Ohio. In the course and conduct of its
business operations , the Employer annually has a
gross volume of business in excess of $100,000.
During that same period, the Employer purchases
and receives goods and materials valued in excess
of $2000 that are shipped to its Springfield facility
from points outside the State of Ohio. The parties
stipulate, and we find, that the Employer is en-
gaged in commerce within the meaning of Section
2(6) and (7) of the Act. The parties stipulate, and
we find, that Teamsters Local Union No. 957, af-
filiated with the International Brotherhood of
Teamsters , Chauffeurs, Warehousemen and Helpers
of America, AFL-CIO is a labor organization
within the meaning of Section 2(5) of the Act.
II. THE REPRESENTATIONAL ISSUE
The Petitioner seeks to represent a unit of all
full-time and regular part -time registered nurses,
excluding all licensed practical nurses, service and
maintenance employees , office clerical employees,
and all other employees, guards, and supervisors as
defined by the Act. The Employer contends that
the registered nurses in the desired unit are super-
visors thus rendering the unit inappropriate.
In a companion case, Ohio Masonic Home, 295
NLRB 373, the Petitioner sought to represent a
unit of all full-time and regular part-time licensed
practical nurses employed at the Employer's
Springfield facility. In that case, the Employer like-
wise asserted that the licensed practical nurses in
the desired unit were supervisors and that the unit
was accordingly inappropriate.
At the representational hearing in this matter, the
parties stipulated that the Employer's registered
nurses, known as head nurses, and the Employer's
licensed practical nurses, known as charge nurses,
have the same duties and authorities, vis-a-vis other
employees. The parties further stipulated into the
record of the instant case, the record from Case 9-
RC-15216, and expressed their desire that the
Board base its decision here on the record in Case
9-RC-15216 as supplemented by the parties' stipu-
lations.
On May 13, 1988, this case was transferred to
the Board for consideration along with Case 9-
RC-15216.
In our decision in Ohio Masonic Home, supra, we
have found that the Employer 's licensed practical
nurses employed as charge nurses were not super-
visors under the Aet because the charge nurses did
not possess the authority to effectively evaluate or
discipline employees or to adjust grievances and
did not possess any other indicia of statutory super-
visory authority.
Because the parties have stipulated that the regis-
tered nurses involved in the instant proceeding pos-
sess the same duties and authorities in relation to
the service and maintenance employees as the li-
censed practical nurses in Case 9-RC-15216, we
find , for the reasons stated in that decision , that the
registered nurses here are not supervisors. Thus,
we remand the case to the Regional Director for
further processing in accordance with this Decision
and Order.
ORDER
This case is remanded to the Regional Director
for further appropriate action.
295 NLRB No. 45