The Catholic University of America

CATHOLIC UNIVERSITY OF AMERICA 727 The Catholic University of America and Law Faculty Bargaining Committee, Petitioner. Case 5-RC-8063 March 23, 1973 DECISION AND ORDER CLARIFYING DECISION AND DIRECTION OF ELECTION BY CHAIRMAN MILLER AND MEMBERS JENKINS AND PENELLO On February 20, 1973, the National Labor Rela- tions Board issued a Decision and Direction of Election I in the above-entitled proceeding, in which the Board directed that an election be conducted in the following unit: All full-time and regular part-time members of the faculty at the Columbus School of Law of the Catholic University of America, including the head librarian, assistant dean and associate dean, but excluding administrative and all other em- ployees and supervisors as defined by the Act. Thereafter, the Employer filed a motion for reconsideration and clarification and the Petitioner filed an answer thereto. In its motion, the Employer asserts, inter alia, that the Board's Decision and Direction of Election created doubt and confusion with regard to the voting eligibility of certain regular part-time faculty members and it requests clarifica- tion. In our view, this aspect of the Employer's motion is meritorious.2 Accordingly, the motion for clarification is hereby granted. In our Decision and Direction of Election we summarized our findings and conclusions with regard to the unit inclusion and voting eligibility of regular part-time law school faculty members by applying the criteria of University of Detroit, 193 NLRB No. 95, and C. W. Post Center of Long Island University, 198 NLRB No. 79, in the following manner: [W ]e find that all part-time faculty members whose teaching load (measured in terms of credit hours taught per semester) is at least one-fourth the average teaching load of their full-time counterparts shall be included in the bargaining unit. [University of Detroit criteria.] In addition, all part-time faculty members who maintained this teaching load pursuant to a written appointment i 201 NLRB No 145 2 We find no ment in the Employer's motion for reconsideration of our determination that a unit limited to the law school faculty is appropriate It is hereby denied We also deny the Employer's request for a stay of the election as we have been administratively advised that the election herein has been held in abeyance pending issuance of the instant order 3 As the unit found appropriate is more comprehensive than the unit described in the petition, we instruct the Regional Director not to proceed in at least one semester during any 2 of the last 3 consecutive academic years, inclusive of that in which the election is directed, shall be eligible to vote. [C. W Post criteria.] However, in the Direction of Election we found eligible to vote those regular part-time faculty members "who were employed during the payroll period immediately preceding the date below. . .." Hence the confusion. Any implication to the contrary notwithstanding, it was not our intention to disenfranchise any regular part-time faculty member who was actually teaching the required number of semester hours during the semester in which the election was held. Rather, in applying C. W. Post, it was our intention to additionally enfranchise any regular part-time facul- ty member who was not teaching during the semester in which the election was held and thus was not on active payroll status during the designated eligibility period, but who nevertheless taught the required number of semester hours pursuant to a written appointment within the appropriate period of time; viz, who taught in at least one semester during any 2 of the last 3 consecutive years, inclusive of that in which the election was directed. Accordingly, in order to clarify our initial Decision and Direction of Election, we find that any part-time law school faculty member whose teaching load is at least one-fourth that of the average teaching load for the full-time law faculty, and who is actually teaching during the semester in which the election is held, shall be eligible to vote. Also eligible to vote is any part-time law school faculty member who is not teaching and thus not on active payroll status during the eligibility period designated herein, but who has nevertheless taught pursuant to a written appoint- ment in at least one semester during any 2 of the last 3 consecutive years, inclusive of that in which the election is directed, during which period his teaching load in each such semester has been at least one- fourth the average teaching load of the full-time law school faculty. DIRECTION OF ELECTIONS An election by secret ballot shall be conducted among the employees in the unit found appropriate, as early as possible, but not later than 30 days from the date below. The Regional Director for Region 5 shall direct and supervise the election, subject to the with the election until he determines the adequacy of Petitioner's showing of interest among the employees eligible to vote in the election In the event that the Petitioner does not wish to proceed with the election, it may withdraw its petition upon notice to the Regional Director within 10 days from the date of issuance of this Decision and Order Clarifying Decision and Direction of Election and, in such event, the Regional Director shall vacate the Direction of Election 202 NLRB No. 111 728 DECISIONS OF NATIONAL LABOR RELATIONS BOARD National Labor Relations Board Rules, Series 8, as amended. Eligible to vote are those in the unit who were employed during the payroll period immediate- ly preceding the date below, including employees who did not work during that period because they were ill, on vacation, or temporarily laid off. Also eligible are those part-time faculty members who were not teaching and thus not on active payroll status during the above-mentioned payroll period, but who have taught pursuant to a written appoint- ment in at least one semester during any 2 of the last 3 consecutive academic years, inclusive of that in which the election is directed, during which time the teaching load in each such semester (measured in terms of credit hours taught per semester) has been at least one-fourth the average teaching load of the full- time law school faculty. Also eligible are employees engaged in an economic strike which commenced 4 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, N L R B V Wyman-Gordon Co, 394 U S 759 Accordingly, it is hereby directed that a revised election eligibility list, containing the names and addresses of all the eligible voters , must be filed by the Employer with the Regional Director for Region 5 within 7 days of the date of this Decision and Order Clarifying Decision and Direction of less than 12 months before the election date and who retained their status as such during the eligibility period and their replacements. Those in the military services of the United States may vote if they appear in person at the polls. Ineligible to vote are employees who have quit or been discharged for cause since the designated payroll period; employees engaged in a strike who have been discharged for cause since the commencement thereof and who have not been rehired or reinstated before the election date; and employees engaged in an econom- ic strike which commenced more than 12 months before the election date and who have been perma- nently replaced.4 Those eligible shall vote whether or not they desire to be represented for collective- bargaining purposes by the Law Faculty Bargaining Committee. Election The list may initially be used by the Regional Director to assist in determining an adequate showing of interest The Regional Director shall make the list available to all parties to the election when he shall have determined that an adequate showing of interest among the employees in the unit found appropriate has been established 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