The Catholic University of America

130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Catholic University of America and Law Faculty Bargaining Committee, Petitioner. Case 5-RC-8063 July 31, 1973 SUPPLEMENTAL DECISION AND ORDER DIRECTING REGIONAL DIRECTOR TO COUNT BALLOTS BY CHAIRMAN MILLER AND MEMBERS JENKINS AND PENELLO Pursuant to a Decision and Direction of Election issued February 20, 1973,' as clarified by a Decision and Order Clarifying Decision and Direction of Elec- tion issued March 23, 1973,2 we ordered, inter alia, 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, upon further consideration of the mat- ter, the Board decided, sua sponte, to reconsider the appropriateness of including part-time faculty mem- bers, as a class, in bargaining units which are other- wise composed exclusively of full-time faculty members. Accordingly, on March 30, 1973, the Board issued an Order Staying Direction of Election and Granting Request for Oral Argument in which the Petitioner's request for oral argument, insofar as it related to the unit inclusion of part-time faculty mem- bers, was granted and the Direction of Election previ- ously issued 3 was stayed pending oral argument. Upon a timely motion for reconsideration filed by the Petitioner, the Board, on April 10, 1973, issued an Order Granting Motion for Reconsideration and Res- cinding Order Staying Direction of Election wherein that portion of the March 30, 1973, order which stayed the Direction of Election was rescinded, and it was ordered, inter alia, that the election be conducted in accordance with the following instructions: (1) The names of all voters who are either ad- mittedly or arguably regular part-time faculty members shall be so designated on the list of eligible voters supplied by the Employer for pur- poses of conducting the election; (2) The ballots of all voters who have been designated as regular part-time faculty members pursuant to paragraph (1) above shall be chal- lenged by the Board agent conducting the elec- 201 NLRB No 145 2202NLRBNo I11 '202 NLRB No I 1 I tion on the ground that they are regular part-time faculty members; (3) All ballots, both challenged and unchal- lenged, shall be impounded pending the Board's determination of the voting eligibility of regular part-time faculty members; (4) Should the Board subsequently determine that none of the regular part-time faculty mem- bers are eligible to vote, the challenges to their ballots shall be sustained and the results of the election determined by counting the ballots cast by the full-time faculty members only. Should the Board subsequently determine that some or all of the regular part-time faculty members are eligible to vote, the challenges to their ballots shall be overruled, their ballots opened and com- mingled with the ballots cast by the full-time fa- culty members, and the results of the election determined by counting the commingled ballots 4 Pursuant to a notice of hearing,' the Board heard oral argument in this and related cases on April 30, 1973, with regard to the unit inclusion of part-time faculty members. 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 proceeding, includ- ing oral argument, and for the reasons fully stated in New York University, 205 NLRB No. 16, we have concluded that part-time faculty members do not share a community of interest with full-time faculty members and, therefore, should not be included in the same bargaining unit. Accordingly, we find the following unit to be ap- propriate for purposes of collective bargaining: All full-time members of the faculty at the Co- lumbus School of Law of the Catholic University of America, including the head librarian, assis- tant dean and associate dean, but excluding ad- ministrative and all other employees and supervisors as defined by the Act. Having been administratively advised that an elec- tion was conducted on April 25, 1973, in a unit which included both full-time and part-time faculty mem- bers. IT IS HEREBY ORDERED that, in accordance with the procedures established in paragraph (4) of the Board's April 10, 1973, Order Granting Motion for Reconsid- eration and Rescinding Order Staying Direction of Election, quoted above, the challenges to the ballots cast by the part-time faculty members be sustained. Petitioner's motion for amendment of election procedures was denied on April 18, 1973 5 Issued on April 18, 1973, and corrected on April 19, 1973. 205 NLRB No. 19 CATHOLIC UNIVERSITY OF AMERICA 131 IT IS FURTHER ORDERED that, as part of the investiga- included in the said redefined unit and, thereafter, tion to ascertain a representative for purposes of col- prepare and cause to be served on the parties a tally lective bargaining among certain employees of ballots upon the basis of which he shall issue the employed by the Catholic University of America in appropriate certification.' the redefined unit set forth above, the Regional Direc- tor for Region 5 shall, within 10 days from the date 6 For the reasons given in his dissenting opinion in New York University, of this direction, count the ballots of all employees supra, Chairman Miller dissents and would include both the part-time and full-time faculty members in a single bargaining unit