West Suburban Hospital

National Labor Relations Board - Board Decisions

Jun 21, 1976

224 N.L.R.B. 1349 (N.L.R.B. 1976)

WEST SUBURBAN HOSPITAL 1349
West Suburban Hospital and International Brother-
hood of Firemen and Oilers , Local No. 7, Peti-
tioner . Case 13-RC-13562
June 21, 1976
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9(c) of
the National Labor Relations Act, as amended, a
hearing was held before Hearing Officer Edwin Benn
of the National Labor Relations Board. Following
the close of the hearing, the Regional Director for
Region 13 transferred this case to the Board for deci-
sion. Thereafter, the Employer and the Petitioner
each filed briefs.
On August 21, 1975, the Board, having determined
that this and a number of other cases in the health
care industry presented issues of importance in the
administration of the National Labor Relations Act,
as amended, scheduled oral argument in this and re-
lated cases, limited to the issue of the appropriate-
ness and scope of a separate maintenance unit in the
health care industry.' Oral arguments were heard on
September 9, 1975.2 Briefs and oral arguments on be-
half of the amicus curiae were permitted by the Board
and have been duly considered.
The Board has reviewed the rulings of the Hearing
Officer made at the hearing and finds that they are
free from prejudicial error. They are hereby affirmed.
Upon the entire record in this case, including the
briefs and oral argument, the Board finds:
1. The Employer is an Illinois not-for-profit hospi-
tal with facilities located in Oak Park, Illinois. Dur-
ing the past calendar year, it had gross revenues in
excess of $250,000 and purchased and received goods
valued in excess of $50,000 directly from sources lo-
cated outside the State of Illinois. We find that the
Employer is engaged in commerce within the mean-
ing of the Act and that it will effectuate the policies
of the Act to assert jurisdiction herein.
2. We find that the Petitioner, which claims to rep-
resent certain employees of the Employer, is a labor
organization as defined in the Act.
3. A question affecting commerce exists concern-
ing the representation of employees of the Employer
within the meaning of Sections 9(c)(1) and 2(6) and
(7) of the Act.
4. The Petitioner seeks to represent a unit consist-
ing of the Employer's maintenance mechanics. The
Petitioner asserts that this unit is a traditional fire-
men craft unit (referred to as maintenance mechanics
by the Employer) engaged in traditional firemen's
work-i.e., observation and continual maintenance
of the boilerroom equipment-and that craft units
such as the one herein have traditionally been repre-
sented by the Petitioner. As an alternative to the unit
of maintenance mechanics, Petitioner seeks a unit of
the six maintenance mechanics and two handymen.
The Petitioner also indicated its willingness to repre-
sent a unit consisting of the Employer's entire main-
tenance department (21 people), including the 6
maintenance mechanics.
The Employer contends that the only appropriate
unit consists of all nonprofessional employees, ex-
cluding all office clerical employees, professional em-
ployees, guards, and supervisors. Prior to the oral ar-
gument, the Employer had indicated that an
alternative appropriate unit would consist of the en-
tire maintenance department, numbering 21 people
and composed of maintenance mechanics, stationary
engineers, electricians, carpenters, handymen, a
painter, a wall washer, a splint man, and a mainte-
nance secretary. At the oral argument, however, the
Employer amended its position and stated that the
only appropriate unit would consist of the unit ini-
tially mentioned above; i.e., a comprehensive service
and maintenance unit.
As stated in Jewish Hospital of Cincinnati, supra,3
the Board will, in considering the appropriateness of
maintenance units, take into account traditional unit
criteria,4 as well as the congressional admonition
against proliferation of bargaining units in the health
care industry. For the reasons set forth below, we
find that the application of these criteria to the facts
herein establishes the maintenance department as an
appropriate unit.
The maintenance mechanics sought by the Peti-
tioner are part of the maintenance department,
which is located in the basement of the central core
of the hospital. Four of the six maintenance mechan-
ics work in the boilerroom which is located approxi-
mately 50 feet from the rest of the maintenance de-
partment facilities (maintenance shop, electric shop,
carpenter shop, storage area, paint shop, mainte-
nance secretary's office, and superintendent's office).
The other two maintenance mechanics do mainte-
nance work throughout the hospital but use the
maintenance shop as a base. One of these latter two
maintenance mechanics also works one shift per
week in the boilerroom.
1 The Jewish Hospital Association of Cincinnati d/b/a Jewish Hospital of 3 Member Fanning dissenting on other grounds.
Cincinnati, 223 NLRB 614 (1976), St Joseph Hospital, 224 NLRB 270 4 Factors to be considered include mutuality of interest in wages, benefits,
(1976), Riverside Methodist Hospital, 223 NLRB 1084 (1976) and working conditions, commonality of skills and supervision ; frequency
Z Member Walther did not participate in the oral argument, but he has of contact with other employees, interchange and functional integration,
considered the record and the briefs of the parties and area practice
224 NLRB No. 100
1350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The primary responsibility of the maintenance me-
chanics who work in the boilerroom is to maintain
and operate the boilers. This encompasses checking
the water in the boiler to see that there is enough
steam pressure, checking to see that the pumps are
running correctly, and checking the electrical power
source to see if there are any problems. The mainte-
nance mechanics also perform water tests which in-
volve taking samples from the boiler and from the
condensation pump and performing chemical tests
on the samples. In addition, at the beginning of each
shift an inspection of the equipment is made jointly
with the stationary engineer who is on duty, after
which they jointly fill out a form report. Finally, the
maintenance mechanics in the boilerroom are also
responsible for cleaning boilerroom equipment and
floors.
The maintenance mechanics who do not work in
the boilerroom perform general maintenance work
such as plumbing (fixing bathtubs, sinks, and fau-
cets), cleaning fans, repairing wheelchairs, working
with the carpenter in helping to construct partitions,
working with the chief engineer on refrigeration and
welding, operating a snowplow, and performing vari-
ous odd jobs and general repair work both inside and
outside the hospital.
There are five stationary engineers employed in
the maintenance department, four of whom take var-
ious shifts in the boilerroom, and one of whom takes
only one shift per week in the boilerroom and per-
forms maintenance work the remainder of his time.
The shift stationary engineer works with the shift
maintenance mechanic in making sure that the boil-
ers, pumps, and various other pieces of equipment
are operating satisfactorily. The shift stationary engi-
neer is stationed in the boilerroom but makes rounds
throughout the hospital to inspect machinery and
"air moving equipment rooms" and to perform re-
pair work on such items as heating or plumbing
equipment. The shift stationary engineer typically
spends 40 percent of his time in the boilerroom, an-
other 40 percent inspecting machinery, and 20 per-
cent doing repair work. The one stationary engineer
who does maintenance work 4 days a week is based
in the maintenance shop and performs general main-
tenance work such as steamfitting, plumbing, refrig-
eration, air-conditioning, calibrating, minor repairs
such as adjustments to temperatures, and welding
and bracing.
The two electricians in the maintenance depart-
ment maintain electrical equipment throughout the
hospital. One of the electricians makes an inspection
trip throughout the entire building, including the
boilerroom, each morning. Electrical repairs required
in the boilerroom include work on programmers and
pumps.
The painter and the wall washer work throughout
the hospital including the boilerroom. The wall wash-
er washes walls both for the purpose of keeping them
clean and to prepare them for painting. This may
sometimes be done with the help of the handymen.
The painter paints in all hospital areas where paint-
ing is required.
The two handymen in the maintenance depart-
ment work with all the other employees in the de-
partment. They may work with the maintenance me-
chanics erecting some type of an installation or may
work with the chief engineer, the carpenter, or by
themselves, or with the painter helping to erect a
scaffold, or with the stationary engineers, electri-
cians, or splint man.
The carpenters work inside and outside the build-
ing repairing furniture, helping electricians with the
installation of window air-conditioners, and con-
structing various items. During the summer prior to
the hearing, they constructed an air-conditioned
room inside the boilerroom.
The splint man erects tractions, often with the help
of the maintenance mechanics whenever some cut-
ting, bracing, or welding may be required. The splint
man, sometimes assisted by a handyman or an elec-
trician, works in the splint room but goes into the
maintenance shop approximately three or four times
a day and also works in other areas of the hospital.
The maintenance department also employs a
maintenance secretary who handles phone calls to
the maintenance shop, writes up repair requisitions,
follows through on repairs to make sure they have
been done, keeps records of preventive maintenance
and of other items, and does all the clerical work in
the department.
The maintenance department is under the overall
supervision of the superintendent of buildings and
grounds. Everyone in the maintenance department is
under his direct supervision except the maintenance
mechanics and stationary engineers, who report to
the chief engineer, and the electricians, who report to
the chief electrician. The chief engineer is also in full
charge of the maintenance department in the absence
of the superintendent.
The maintenance department employees are hour-
ly paid and all have the same fringe benefits, includ-
ing insurance, pension, vacation, sick plan, and holi-
days.
Integration of function is prevalent within the
maintenance department. In addition to the integra-
tion described above, when an emergency situation
arises at the hospital all maintenance department em-
WEST SUBURBAN HOSPITAL 1351
ployees work together to make any necessary repair.
In performing normal maintenance duties, the main-
tenance department employees are in frequent con-
tact with one another. This interrelationship occurs
during 50 percent of their working time. In addition
to contact resulting from work performed together
and from the close proximity of the various mainte-
nance department shops, the maintenance depart-
ment utilizes a common storage area for parts and
supplies which is also located near all the mainte-
nance department shops and thus provides further
opportunity for intradepartmental contact.
Promotional opportunities within the maintenance
department are encouraged by the Employer. For ex-
ample , maintenance mechanics can, through further
education and on-the-job training , become station-
ary engineers, and this has in fact occurred.
Upon consideration of the above evidence,' we
conclude that the maintenance department consti-
tutes a distinct and homogeneous unit whose em-
ployees share a community of interest. They work in
an area of the hospital where all of the various main-
tenance shops are located near each other, and yet
are isolated from areas where nonmaintenance de-
partment employees are located. They are constantly
working with each other to accomplish their various
assigned tasks. While they also have contact with
other hospital employees, their primary contact
(about 50 percent of their time) is with other mainte-
nance department employees in the course of the
performance of the various maintenance tasks. The
maintenance department employees are commonly
supervised by the superintendent of buildings and
grounds, are hourly paid, share the same fringe bene-
fits, and enjoy promotional opportunities within their
department.
Accordingly, upon the entire record, we find that
the following employees of the Employer constitute a
unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9(b) of the
Act:
All maintenance department employees includ-
ing maintenance mechanics, stationary engi-
neers, carpenters, electricians, handymen, paint-
er, wall washer , splint man, and maintenance
secretary, but excluding all supervisors as de-
fined in the Act.
[Direction of Election 6 omitted from publication.]
5 The evidence concerning area collective -bargaining practice was contra-
dictory and therefore inconclusive
6 [Excelsior footnote omitted from publication ]
MEMBERS PENELLO and WALTHER, dissenting:
We disagree with the conclusion of our colleagues
that the maintenance department employees share a
community of interest separate and distinct from
other nonprofessional employees . For the reasons set
forth below, and for those expressed in Jewish Hospi-
tal of Cincinnati, 223 NLRB 614 (1976), and in our
separate concurring opinions in St. Vincent 's Hospi-
tal, 223 NLRB 638 (1976), we would dismiss the peti-
tion.
The employees of the maintenance department
have extensive contacts with other nonprofessional
employees at the hospital . The roving maintenance
mechanics , for example , work in all areas of the hos-
pital performing a wide variety of tasks. The station-
ary engineers spend a total of 60 percent of their shift
time outside the boilerroom in other areas of the hos-
pital either inspecting machinery or performing re-
pairs. The electricians , carpenters , handymen , paint-
er, wall washer , and splint man likewise perform
work throughout the hospital. While the majority
correctly notes that contacts among maintenance de-
partment employees occur during 50 percent of their
working time, it is also true that part of that 50 per-
cent is, of necessity, also spent in associating with
employees of other departments . Indeed , the record
discloses that maintenance department employees
spend between 75 and 80 percent of their time with
employees of other departments. Further, many of
the hospital's facilities, such as the lockerrooms and
cafeteria, are used by all employees.
The maintenance department employees, as noted
by the majority, are hourly paid. The remaining 360
nonprofessional employees at the hospital, however,
are also hourly paid. The record indicates that the
wage scale in the maintenance department ranges
from about $3.40 per hour for handymen to $5.50-
$5.75 per hour for stationary engineers. This differs
but slightly from the wage scale applicable to service
employees . The lowest level maintenance department
employee earns only a few cents more per hour than
the general nonprofessional employees at the hospi-
tal, such as housekeepers , nurses aides, orderlies,
ward clerks, food service employees, and laboratory
assistants. All of the Employer's employees share the
same basic fringe benefits regarding insurance, pen-
sion, vacation, sick plan, and holidays. There is also
a formalized grievance procedure at the hospital
which applies to all employees. Finally, a uniform
parking distribution system exists under which space
is distributed on the basis of shift longevity regard-
less of which department an employee may be in.
Transfers between the other departments within
the hospital and the maintenance department are
1352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
available and have occurred in the past. Notification
of job openings at the hospital are now posted in the
employee cafeteria. Hence, the lower rated service
employees have the opportunity and are encouraged
to apply for maintenance positions.
The majority correctly states that the testimony re-
garding area collective-bargaining practice is incon-
clusive.' Petitioner indicated that at the five area hos-
pitals with which it currently has contracts, it does
not represent any crafts other than firemen or boiler
operators (i.e., a traditional powerhouse unit), even
though other maintenance employees exist in those
hospitals. The Employer's testimony, on the other
hand, indicated that the most common pattern in the
Chicago area is a single unit of all nonprofessional
employees in hospitals, including the maintenance
department employees. Accordingly, none of the tes-
timony at the hearing evidenced a significant area
practice sufficient to establish the unit our colleagues
here find appropriate.
7It is noteworthy, however, that the testimony offered by Petitioner in
this regard is directed to the unit of maintenance mechanics which it origi-
nally sought-not to the unit which the majority now finds appropriate
Some of the tasks performed by the maintenance
department employees are general maintenance en-
deavors. Others, such as preparation of splints and
repairing of patients' beds, are akin to what may be
considered actual patient care. Many of these activi-
ties of necessity bring the maintenance department
employees into direct contact with patients. As noted
earlier, most of these same activities also bring them
into direct contact with other employees.
In sum, the maintenance department, encompass-
ing both skilled and unskilled personnel who cannot
be considered members of a single craft, is in a very
real sense fully integrated into the entire operation of
the hospital. The great degree of contact among em-
ployees, similar salary ranges and fringe benefits,
similar working conditions, rules and regulations, in-
terrelationship and interdependence of function, and
the opportunity for transfer between the other de-
partments within the hospital and the maintenance
department, all dictate that any appropriate unit
herein cannot be limited to the maintenance person-
nel. We therefore would dismiss the petition herein.