Four Seasons Nursing Center of Joliet

FOUR SEASONS NURSING CENTER Four Seasons Nursing Center of Joliet and Interna- tional Union of Operating Engineers, Local 399. AFL-CIO, Petitioner. Case 13-RC-13149 January 15, 1974 DECISION ON REVIEW AND ORDER BY CHAIRMAN MILLER AND MEMBERS JENKINS AND KENNEDY On September 28, 1973, the Acting Regional Director for Region 13 issued a Decision and Direction of Election in the above-entitled proceed- ing in which he directed an election in a unit of "all maintenance men and helpers . ," comprised of two employees at the Employer's nursing center. In rendering that unit determination the Acting Region- al Director rejected the Emr loyer's contention that a unit composed solely of maintenance employees is not appropriate. Thereafter, in accordance with Section 102.67 of the National Labor Relations Board's Rules and Regulations, Series 8, as amended, the Employer filed a timely request for review of the Acting Regional Director's decision and brief, asserting, inter aha, that in finding a unit of maintenance employees without a determination that the two maintenance men had special skills or interests distinct from the other employees, the Acting Regional Director's findings were clearly erroneous and departed from officially reported precedent. By telegraphic order dated October 29, 1973, the National Labor Relations Board granted the request for review and stayed the election pending decision on review. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. The Board has considered the entire record in this I See Monsanto Company, 183 NLRB 415 403 case with respect to the issues under review and makes the following findings: The Employer operates a nursing home in Joliet, Illinois, where it employs approximately 143 employ- ees in seven distinct departments: activities, adminis- tration, dietary, housekeeping, laundry, nursing, and maintenance. Three men are employed in the maintenance department, including a supervisor. The duties of maintenance employees include cleaning, emptying trash, moving furniture, replacing light bulbs, keep- ing up the outer grounds, and minor functions of carpentry, painting, and plumbing. They also per- form minor repair work; major repair work is contracted out to specially skilled workers from outside the nursing home. All employees of the nursing home work through- out the home, are hourly paid, punch the same timeclock, and share common dining and locker areas. Although there is virtually no interchange of duties between the maintenance department and the other departments, both maintenance and house- keeping employees perform basically a cleaning function. Moreover, when the maintenance supervi- sor is absent, his duties are taken over by the housekeeping supervisor. On the basis of the foregoing, and especially the fact that the maintenance employees primarily perform duties not requiring a high degree of skill or specialized training, we find, contrary to the Acting Regional Director, that the maintenance unit sought herein is not composed of a distinct and homogene- ous group of employees with interests separate from those of other employees, and therefore is not an appropriate unit.' Accordingly, we shall dismiss the petition. ORDER It is hereby ordered that the petition herein be, and it hereby is, dismissed. 208 NLRB No. 50