Visiting Nurses Association of Sacramento

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