Oak Park Community Hospital

784 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Oak Park Community Hospital and California Nurses' Association (American Nurses' Associ- ation), Petitioner. Case 32-RC-691 May 23, 1980 DECISION AND DIRECTION OF ELECTION BY CHAIRMAN FANNING AND MEMBERS JENKINS AND PENELLO Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before Hearing Officer Edward S. Kaplan on May 21 and 29 and July 24, 1979. Following the hearing and pursuant to Section 102.67 of the National Labor Relations Board Rules and Regulations and Statements of Proce- dure, Series 8, as amended, and by direction of the Regional Director for Region 32, the case was transferred to the Board for Decision. Thereafter, briefs were filed by the Petitioner and the Employ- er.' Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- thority in this proceeding to a three-member panel. Upon the entire record in this case, the Board finds: 1. According to the parties' stipulation, Oak Park Community Hospital is a California corporation en- gaged in the operation of an acute care hospital in Stockton, California. It has annual gross revenues in excess of $250,000 and annually purchases goods valued in excess of $5,000 directly from points out- side the State of California. Accordingly, we find that the Employer is engaged in commerce within the meaning of the Act, and it will effectuate the purposes of the Act to assert jurisdiction herein. 2. The record shows that California Nurses' As- sociation (American Nurses' Association), herein called CNA, is an organization in which employees participate and which exists, at least in part, for the purpose of representing its members in collective bargaining. We find, therefore, that CNA is a labor organization within the meaning of Section 2(5) of the Act. The Employer contends, however, that CNA should be disqualified from representing the Em- ployer's registered nurses because supervisors serve as officials and directors of CNA. In Sierra Vista Hospital, Inc., 241 NLRB No. 107 (1979), the Board recognized that under some circumstances I Subsequent to the hearing and transfer of this case to the Board, the Employer requested oral argument. That request is hereby denied, as the record and the briefs adequately present the issues and the positions of the parties. 249 NLRB No. 120 the participation of supervisors in the internal oper- ation of a state nurses association such as CNA may serve to disqualify the association from repre- senting certain employees. Such disqualification will result when an employer meets the "heavy burden" of showing that the participation of its own supervisors, or supervisors of employers with a demonstrated connection to it, presents a "clear and present danger" of a conflict of interest which compromises the labor organization's bargaining in- tegrity. The Employer argues that this proceeding raises the same issues as does Lodi Memorial Hospital As- sociation, Inc., 249 NLRB No. 121, issued this date. The Employer herein adopts the precise conten- tions and submits the same supporting evidence put forth by the employer in Lodi Memorial Hospital. The Board has considered these contentions at length and now finds, for the reasons set forth in the Lodi case, that the participation in CNA gover- nance of nursing supervisors employed, respective- ly, by St. Joseph's Hospital, American River Hos- pital, and Methodist Hospital 2 does not create a conflict of interest sufficient to disqualify CNA as the bargaining representative of the Employer's registered nurses. Further, as also found in Lodi Memorial Hospital, the fact that CNA rendered some employment-re- lated assistance to a former Lodi Hospital director of nurses at a time she was seeking similar employ- ment with the Employer does not create a conflict of interest analogous to one which would be found disqualifying under Sierra Vista. Accordingly, having found that the Petitioner is a labor organization within the meaning of Act, we now further find that it is not disqualified from rep- resenting employees of the Employer. 3. A question affecting commerce exists concern- ing the representation of certain employees of the Employer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the Act. 4. The Petitioner seeks to represent a unit of em- ployees consisting of all part-time, full-time, and per diem registered nurses; excluding the director of nurses, the OR supervisor, all other supervisors and all other employees. The Employer agrees that this unit is appropriate. Accordingly, we find the following employees constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: St. Joseph's Hospital is located in Stockton, California, two blocks from the Employer. American River Hospital and Methodist Hospital are located in the greater Sacramento area, approximately 50 miles north of Stockton OAK PARK COMMUNITY HOSPITAL 785 All part-time, full-time, and per diem regis- tered nurses employed by Oak Park Communi- ty Hospital at its Stockton, California, loca- tion; but excluding the director of nurses, the OR supervisor, all other supervisors, and all other employees. [Direction of Election and Excelsior footnote omitted from publication.]