Oakwood Hospital Corp.

620 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Oakwood Hospital Corporation and MichigIw District Council No. 77, American Federation of State, County and Municipal Employees, AFL-CIO, Peti- tioner. Case 7-RC-12943 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 James P. Stevens of the National Labor Relations Board. Pur- suant to Section 102.67 of the National Labor Rela- tions Board Rules and Regulations and Statements of Procedure, Series 8, as amended, the Regional Di- rector for Region 7 transferred this case to the Board for decision. Thereafter, the Employer and the Peti- tioner filed briefs. 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 proceeding, the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act, and it will effectuate the purposes of the Act to assert jurisdiction herein. 2. The labor organization involved claims to re- present certain employees of the Employer. 3. No question affecting commerce exists concern- ing the representation of certain employees of the Employer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the Act for the following rea- sons. The Petitioner seeks to represent all medical clerks, medical secretary transcriptionists, and medical sec- retaries in the medical records department together with all medical secretary transcriptionists in the pa- thology, radiology, and medical education depart- ments. The medical clerk files records coming from vari- ous parts of the hospital into patient files and re- trieves information from the files for processing forms like birth certificates and insurance applica- tions. The medical secretary analyzes records to veri- fy that they are complete and compiles information from medical records for studies. Medical secretary transcriptionists type out material such as histories, physicals, and consultations, dictated by medical staff. There are approximately 49 employees in these classifications. Since the Petitioner already represents some 500 individuals in a unit of service and mainte- nance employees, it seeks a Globe I election for these clericals to determine whether they will join the ex- isting unit. We have recently held that business office clericals in hospitals constitute an appropriate separate unit. Mercy Hospitals of Sacramento, Inc., 217 NLRB No. 131 (1975) (Member Fanning concurring and Mem- ber Kennedy dissenting in part); Sisters of St. Joseph of Peace, 217 NLRB No. 135 (1975). Therefore, we find no merit in the Employer's contention that the business office clerical employees should be included in the group of employees voting in the Globe elec- tion. However, we do find that Petitioner does not seek an appropriate voting group of employees for a Globe election. The petition, as amended at the hearing, seeks an election among a limited number of service clerical employees. It does not seek to include all the unrepresented service clericals of the hospital and is therefore inappropriate.2 There are a great number of nonbusiness office clerical positions in the hospital which are not sought by the Petitioner. Thus, there are numerous clerk- typists throughout the hospital especially in the housekeeping department. The instances of other such clerical classifications are numerous including: information clerk, utilization clerk, clinic clerk, phar- macy clerk, secretary assistant in dietary, admitting officer, senior clerk-typist, anesthesia clerk, senior admitting officer, social service clerk, operating room secretary, maintenance secretary, utilization secre- tary, nursing office clerk, and night admitting officer. Indeed, the Petitioner seeks to represent some but not all clericals within the same department since it seeks the pathology, radiology and medical educa- tion transcriptionists, but not the pathology and ra- diology secretaries, the pathology clerk-typist, the pa- thology X-ray clerk, or the medical education clerk. In view of the fact that the Petitioner does not seek to add all of the unrepresented service clerical em- ployees of the hospital to the existing unit, we find that the requested voting group is not appropriate for the purposes of holding a Globe election. Newington Children's Hospital, 217 NLRB No. 134 (1975). i The Globe Machine and Stamping Co., 3 NLRB 294 (1937). 2 There is no indication that there are any other unrepresented service and maintenance employees. 219 NLRB No. 120 OAKWOOD HOSPITAL CORPORATION 621 As the Petitioner has made no alternative request for a broader voting group , we shall dismiss the peti- tion. ORDER It is hereby ordered that the petition in Case 7- RC-12943 be, and it hereby is, dismissed.