Visiting Nurses Association of Sacramento

National Labor Relations Board - Board Decisions

Jan 7, 1971

187 N.L.R.B. 731 (N.L.R.B. 1971)

VISITING NURSES ASSN. OF SACRAMENTO
Visiting Nurses Association of Sacramento and Office
& Professional Employees Union, Local 29,
AFL-CIO, Petitioner. Case 20-RC-9052
January 7, 1971
DECISION AND DIRECTION OF
ELECTION
BY CHAIRMAN MILLER AND MEMBERS
FANNING, BROWN, AND JENKINS
Upon a petition duly filed under Section 9(c) of the
National Labor Relations Act, as amended, a hearing
in this case was held before Hearing Officer John C.
Montoya. Following the hearing and pursuant to
Section 102.67 of the National Labor Relations Board
Rules and Regulations, Series 8, as amended, by
direction of the Regional Director for Region 20, the
case was transferred to the Board for decision.
Neither the Employer nor Petitioner filed briefs.
The Board has reviewed the Hearing Officer's
rulings made at the hearing and finds that they are
free from prejudicial error. The rulings are hereby
affirmed.
Upon the entire record in the case, the Board finds:
1. The Employer is an independent nonprofit
charitable corporation organized under the laws of
the State of California and licensed by the State to
operate as a home-health agency in Sacramento
County only. Its principal service is the providing of
home nursing care to patients in accordance with a
plan prescribed by the patients' physicians. In
addition to nursing services, the Employer provides
home-health aide services and, under contract with
the Easter Seal Society, physical therapy, speech
therapy, occupational therapy, and medical social
services. It also coordinates the care to a patient when
he is receiving two or three services in his home;
teaches the patient and family; provides quality
control; and promotes these services at the least
possible cost to the patient and the community. In
sum, the Employer takes care of all age groups, and
provides for any condition that can be handled in the
home-from the seriously handicapped or chronically
ill to the convalescent who needs some supervision
and care.
The Employer occupies offices in a building owned
or leased by the United Crusade, a community
charitable fund raising organization, from which the
Association receives a substantial sum annually. It
appears that these offices house the administrative
functions of the Association, including more or less
permanent accommodations for an executive director
and assistant, and five office clericals. With respect to
I Drexel Home, Inc, 182 NLRB No 151 See also Butte Medical
Properties, d/b/a/ Medical Center Hospital, 168 NLRB 266, University
731
the field staff which includes 15 registered nurses, 2
supervising nurses, 2 licensed vocational nurses, and 2
full-time and 1 part-time home-health aides, the
record does not show the nature of their accommoda-
tions in the Employer's offices. It is clear, however,
that the office is not organized to handle or treat
patients nor to dispense medicines.
During the year 1968, the Employer derived from its
operations approximately $365,000. Of this total,
$42,835.40 was received from United Crusade;
$30,109.43 from the Sacramento County Hospital
Home Care Program; and $27,795.95 from private
patients, either as the total cost of the services
rendered to them or that part representing the
Medicare deductible. In addition, the Employer
received $167,190.63 from Medicare and $69,548.15
from Medi-Cal. Through the chronic illness and aged
section of the state budget, the Employer received an
additional $21,185.35 in grants-Home Health Aide
Grant ($2,082.92), South County Grant ($2,989.74),
Hospital Coordinating Grant ($6,000), and Socio-
Health Grant ($10,112.69). The remainder of the
Employer's 1968 revenue came from contributions
and memberships; public funds, such as the Veterans
Administration, Crippled Childrens' Services, and
Civilian Health & Medical Program of Uniform
Services (CHAMPUS); and private agencies, such as
the Easter Seal Society, Multiple Sclerosis Society,
and Kaiser Permanente Hospital. In the course of its
operations during 1968, the Employer also expanded
$6,000 for the purchases of supplies, approximately
$4,000 of which originated from outside the State of
California.
While the Employer does not maintain any hospital
or nursing home facilities, it nevertheless renders
health care services and falls within the general
category of a related health care facility over which
we have indicated we would assert jurisdiction.'
Accordingly, as the Employer grossed over $365,000
from its operations during 1968, having received over
$167,000 in Medicare payments from the Federal
Government, we find that its operations have a
substantial effect on commerce and that it will
effectuate the purposes of the Act to assert jurisdic-
tion herein.
2. The labor organization involved claims to
represent certain employees of the Employer.
3. A question affecting commerce exists concern-
ing the representation of employees of the Emloyer
within the meaning of Sections 9(c)(1) and 2(6) and
(7) of the Act.
4. We find that the following employees of the
Employer constitute a unit appropriate for the
Nursing Home, Inc, 168 NLRB 263
187 NLRB No. 88
732 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
purposes of collective bargaining within the meaning
of Section 9(b) of the Act.
All nonprofessional employees, including office
clericals, licensed vocational nurses, and home-health
2 In order to assure that all eligible voters may have the opportunity to
be informed of the issues in the exercise of their statutory right to vote, all
parties to the election should have access to a list of voters and their
addresses which may be used to communicate with them Excelsior
Underwear Inc, 156 NLRB 1236, NLR B v Wyman-Gordon Co, 394 U S
759 Accordingly , it is hereby directed that an election eligibility list,
containing the names and addresses of all the eligible voters , must be filed
aides, but excluding all professional employees and
supervisors as defined in the Act.
[Direction of Election2 omitted from publication]
by the Employer with the Regional Director for Region 20 within 7 days of
the date of this Decision and Direction of Election The Regional Director
shall make the list available to all parties to the election No extension of
time to file this list shall be granted by the Regional Director except in
extraordinary circumstances Failure to comply with this requirement shall
be grounds for setting aside the election whenever proper objections are
filed