Valley Hospital, Ltd.

National Labor Relations Board - Board Decisions

Dec 23, 1975

221 N.L.R.B. 1239 (N.L.R.B. 1975)

VALLEY HOSPITAL, LTD. 1239
Valley Hospital , Ltd.' and Health, Professional &
Technical Employees Association , Local 707,
Service Employees International Union, AFL-
CIO, Petitioner. Case 31-RC-3060
December 23, 1975
SUPPLEMENTAL DECISION AND
ORDER
BY MEMBERS FANNING, JENKINS, AND
PENELLO
On October 16, 1975, the National Labor Relations
Board issued a Decision2 in the above-entitled
matter finding, inter alia, that an all professional unit,
excluding registered nurses, and a separate unit of
registered nurses both constitute appropriate units,
and directing elections in those units.3 Based on
Intervenor Nevada Nurses Association's (hereinafter
referred to as NNA) request to represent registered
nurses in a separate bargaining unit and Mercy
Hospitals of Sacramento, Inc., 217 NLRB No. 131
(1975), we found a separate bargaining unit, of
registered nurses appropriate notwithstanding that
Petitioner sought a single professional unit including
registered nurses.
Since NNA's request was for a unit different from
that which Petitioner sought to represent,4 it was
incumbent upon NNA to support its request with a
petitioner's showing of interest.5 We are now
administratively advised, however, that NNA has
failed to make an adequate showing of interest in the
unit of registered nurses. Under these circumstances,
we shall modify our initial, unit determinations and
not direct an election in a separate unit of registered
nurses.
As noted above, the petition filed by Petitioner was
for a professional unit including registered nurses.
Our original decision noted that both the Employer
and Intervenor Local Joint Executive Board of Las
Vegas, Culinary Workers Local 226 & Bartenders
Local 165, Hotel, Restaurant Employees and Bar-
tenders International Union, AFL-CIO, were in
agreement with Petitioner as to the appropriateness
of that unit . Our finding that these nurses had
sufficient community of interest as nurses to be
represented separately when so sought does not
negate the inherent community of interest in an
overall professional unit . We find , therefore, that a
professional unit including registered nurses is
appropriate in this case .6 Our original direction of
election is hereby amended accordingly.?
Based on the foregoing and our original decision,
we find that the following group of employees
constitutes a unit appropriate for the purposes of
collective bargaining within the meaning of Section
9(b) of the Act:
UNIT A: All full-time and regular part-time
professional employees , including registered nurs-
es, the histologist , physical therapist , pharmacists,
medical technologists II, medical technologists I,
nuclear medical technologists , radiologic technol-
ogists, social worker , health records analysts, and
the patient care evaluation assistant ; excluding
employees of Psychiatric8 Associates at Nevada,
and all other employees , guards, and supervisors
as defined in the Act.
UNIT B: The unit originally designated Unit C is
redesignated as Unit B.
ORDER
We hereby order that the units found appropriate
in our original decision be modified to reflect our
decision herein and that elections be directed in such
units .9
1 On October 27, 1975, Employer filed a Motion for Clarification of
Decision and Direction of Elections in which Employer sought clarification
as to what constitutes an adequate showing of interest for the three units
designated in our original decision In view of our findings herein, the
motion is hereby denied
2 220NLRBNo 216
3 Our original decision also found appropriate a unit of nonprofessional
employees in which we directed an election
4 Although Petitioner expressed willingness to participate in an election
in any unit found appropriate , its primary unit request was for an all-
professional unit including registered nurses
5 The Great Atlantic & Pacific Tea Company, Inc, 130 NLRB 226, 227
(1961), Dierks Paper Company, 120 NLRB 290 (1958), fn. I
In finding a separate bargaining unit of registered nurses appropriate in
the original decision, we noted that NNA's showing of interest may be
inadequate . We directed NNA, therefore, to submit to the Regional
Director, within 10 days , such additional showing of interest as may be
required . 220 NLRB No. 216, fn 7
6 In Dominican Santa Cruz Hospital, 218 NLRB No. 182 (1975), we
expressed the opinion that a unit of all professional employees including
registered nurses may be an appropriate unit We also noted therein that
"The Act does not require that the unit for bargaining be the only
221 NLRB No. 210
appropriate unit , or the most appropriate unit . Rather, the Act requires only
that the unit be `appropriate ,' that is, appropriate to insure employees `the
fullest freedom in exercising their rights guaranteed by this Act' See, e.g,
Morland Brothers Beverage Co, 91 NLRB 409 ( 1950), enfd . 190 F 2d 576
(C.A.7, 1951)"
7 Intervenor NNA expressed a desire to appear on the ballot for an
election in an all-professional unit If NNA is still willing to proceed to an
election in such unit, we direct that its name be placed on the ballot, since it
has made some showing of interest among the employees sought.
8 At the time of hearing, the all-professional unit, including registered
nurses , sought by Petitioner, consisted of approximately 97 employees. In
our original decision, however, we found that the nine head nurses were not
supervisors as defined in the Act In our view, the expansion of the all-
professional unit caused by the inclusion of these nine employees is
negligible and does not affect the adequacy of the showing of interest with
which Petitioner went to hearing Nor does our inclusion of the seven
medical records personnel in the nonprofessional unit affect the adequacy
of the showing of interest with which Petitioner went to hearing At the time
of hearing, the unit of nonprofessional employees found appropriate in our
original decision consisted of appropriately 139 employees
9 This Order does not affect the supervisory findings of the original
decision