Beth Israel Hospital and Geriatrics Center

520 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Beth Israel Hospital and Geriatrics Center ' and Oil, Chemical, and Atomic Workers Union AFL-CIO, Petitioner. Case 27-RC-5004 July 25, 1975 DECISION AND ORDER BY CHAIRMAN MURPHY AND MEMBERS JENKINS AND KENNEDY Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before Hearing Officer Douglas R. Hjelle of the National Labor Relations Board. Fol- lowing the hearing and pursuant to Section 102.67 of the National Labor Relations Board Rules and Reg- ulations and Statements of Procedure, Series 8, as amended, the case was transferred to the Board for decision. Briefs were filed by the Employer and the Petitioner. 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. The Board has reviewed the Hearing Officer's rul- ings made at the hearing and finds that they are free from prejudicial error. They are hereby affirmed. Upon the entire record in this case the Board finds: The Employer is a private, general, nonprofit hos- pital located in Denver, Colorado. The Petitioner seeks a unit of all licensed regular full-time and part- time pharmacists and all regular part-time and full- time intern pharmacists. The Employer contends that the appropriate unit is one composed of all profes- sional employees by the Employer excluding medical doctors. The record shows that in addition to the medical doctors and registered nurses that there are other un- represented professional employees who would be excluded under the unit sought. In Mercy Hospitals of Sacramento, Inc., 217 NLRB No. 131 (1975), the Board stated: We do not minimize the differences, both functional and educational, which exist among the various groups of professional employees employed by the Employer. However, based on the record before us, to grant a separate unit to all such professional groups and job classifica- tions would, as pointed out in the legislative his- tory, result in what might be deemed an undue proliferation of bargaining units... . Accordingly, we find that a unit limited to phar- macists and intern pharmacists but excluding all other professional employees does not constitute an appropriate unit for separate representation. As the Petitioner has not indicated a willingness to represent the employees sought on the basis of a broader unit of professional employees, we shall dismiss the peti- tion. ORDER It is hereby ordered that the petition filed herein 1 The Respondent's name appears as amended at the hearing . be, and it hereby is, dismissed.