Marquette General Hospital

MARQUETTE GENERAL HOSPITAL Marquette General Hospital and Michigan Council 55, American Federation of State, County & Municipal Employees, AFL-CIO. Case AO-162 January 24, 1975 ADVISORY OPINION BY ACTING CHAIRMAN FANNING AND MEMBERS JENKINS, KENNEDY , AND PENELLO This is a petition for an Advisory Opinion filed on November 19, 1974, by Marquette General Hospital, herein called the Employer, in conformity with Sections 102.98 and 102.99 of the Board's Rules and Regulations, Series 8, as amended, seeking a determi- nation whether the Board would assert jurisdiction over the Employer's operations . Thereafter, on December 5, 1974, the Employer filed a brief, urging the Board to assert jurisdiction. In pertinent part, the petition and brief allege in substance: (1) There is currently pending before the Michigan Employment Relations Commission, Labor Rela- tions Division, herein called the State Commission, a petition in a representation proceeding, Case R 74B- 56, filed by Michigan Council 55, American Federa- tion of State, County & Municipal Employees, AFL- CIO. The State Commission has not as yet issued its decision and direction of election. (2) The Employer is a nonprofit hospital devoted to the care of sick and infirm persons . Its gross annual revenues for the fiscal year 1973-74 exceeded $10 million. During the same period, it purchased and received drugs and other supplies from sources outside the State of Michigan valued in excess of $50,000. 1 P.L. 93-360, effective August 25, 1974. s Butte Medical Properties, d/b/a Medical Center Hospital, 168 NLRB 266(1%7). 301 (3) The State Commission made no findings with respect to the aforementioned commerce data which has neither been admitted nor denied by the Union. (4) No representation proceeding involving the same labor disputes is pending before this Board. (5) Although served with a copy of the petition for Advisory Opinion, no response as provided by the Board's Rules and Regulations has been filed by the Union or the State Commission. On the basis of the foregoing, the Board is of the opinion that: 1. The Employer is a nonprofit hospital devoted to the care of sick and infirm persons. 2. Recent amendments to the National Labor Relations Act 1 extended the Board's jurisdiction to nonprofit hospitals. The Board has previously assert- ed jurisdiction 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 has a gross annual revenue of approximately $10 million which meets any of our existing monetary standards, we conclude that the Board would assert jurisdiction herein. We leave to subsequent adjudica- tion the determination of the precise monetary standard to be applied to nonprofit hospitals.3 The Employer, having a total annual gross volume of $10 million, and having engaged in interstate commerce so as to be within our statutory jurisdiction, clearly falls within any of the Board's discretionary jurisdic- tional standards.4 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 Employ- er with respect to labor disputes cognizable under Sections 8, 9, and 10 of the Act. 9 Cf. Cornell University, 183 NLRB 329, 334 (1970). 4 Yale-New Haven Hospital, 214 NLRB No. 34 (1974). 216 NLRB No. 44