Yale-New Haven Hospital

130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Yale-New Haven Hospital and Local 1199, National Union of Hospital and Health Care Employees, R.W.D.S.U., AFL-CIO. Case AO-159 October 17, 1974 ADVISORY OPINION This petition for an Advisory Opinion was filed on August 28, 1974, by Yale-New Haven Hospital, here- after Petitioner, pursuant to Sections 102.98 and 102 .99 of the Board's Rules and Regulations, Series 8, as amended, for a determination whether the Board would assert jurisdiction over its operation. In pertinent part, Petitioner alleges: 1. There is pending before the Connecticut State Board of Labor Relations, hereafter the State Board, a petition docketed as Case E-2775, by Local 1199, National Union of Hospital and Health Care Em- ployees, R.W.D.S.U., AFL-CIO, hereafter the Union, wherein it seeks to represent certain of Petitioner's employees. The State Board issued a de- cision (No. 1245) on August 23, 1974, directing that an election be conducted among the above-men- tioned employees within 30 days. 2. Petitioner is a nonprofit hospital which provides care to sick and infirm persons. Its gross annual reve- nues for the fiscal year 1973-74, a period representa- tive of its operations, exceeded $60 million. During the same period, it purchased and received drugs and other supplies from sources outside the State of Con- necticut valued in excess of $50,000. 3. The State Board has made no findings with re- spect to the aforementioned commerce data. 4. No unfair labor practice proceeding involving this same labor dispute is pending before the Board. 5. The Union has filed a response to the petition and a memorandum of law in which it concedes that Yale-New Haven Hospital meets the jurisdictional standards set by the National Labor Relations Board. It contends, however, that, since the question of appropriate unit has already been litigated and decided by the State Board, it would be inequitable to require relitigation of that issue before the Board and urges that we dismiss this petition as raising is- sues inappropriate for advisory relief or, alternative- ly, rule that the State Labor Board shall have juris- diction to complete the representational matter pend- ing before it. On the basis of the foregoing, the Board is of the opinion that: 1. Petitioner is a nonprofit hospital devoted to the care of sick and infirm persons. 2. Recent amendments to the National Labor Re- lations Act' extended the Board's jurisdiction to nonprofit hospitals. The Board has previously assert- edjurisdiction over proprietary hospitals which come within its statutory jurisdiction and have an annual gross volume of $250,000.2 Inasmuch as the Employ- er here meets our basic jurisdictional standard, and does a gross volume of approximately $60 million which meets any of our existing monetary standards, we conclude that the Board would assert jurisdiction herein. We leave to subsequent adjudication the de- termination of the precise-monetary standard to be applied to nonprofit hospitals.' W^: do not reach nor pass on the contentions raise .1 by the Union inasmuch as an advisory opinion is pr manly for determining whether an employer's operations in commerce meet the Board's discretion- ary jurisdictional standards.4 The question of appro- priate unit and the extent to which State Board deter- minations will be honored are substantive matters not resolvable in this proceeding.' Petitioner, having a total annual gross volume of $60 million, and having engaged in interstate com- merce so as to fall within our statutory jurisdiction, clearly falls within any of the Board's discretionary jurisdictional standards. Accordingly, the parties are advised, under Section 102.103 of the Board's Rules and Regulations, that on the allegations herein presented, the Board would assert jurisdiction over the operations of the Peti- tioner with respect to labor disputes cognizable un- der Sections 8, 9, and 10 of the Act. ' P.L. 93-360, effective August 25, 1974. 2 Butte Medical Properties, d/b/a Medical Center Hospital, 168 NLRB 266 (1967). 3 Cf., Cornell University, 183 NLRB 329, 334 (1970). 4Globe Security Systems, Inc., 209 NLRB 35 (1974); The Children's Vii. lace, Inc.. 180 NLRB 1044 (1970). Sec. 101 .40(3) of the Board's Statements of Procedure, Series 8, as amended. 214 NLRB No. 34