St. Elizabeth's Hospital of Boston

ST. ELIZABETH'S HOSPITAL OF BOSTON 325 St. Elizabeth's Hospital of Boston and District 1199 Mass., National Union of Hospital and Health Care Employees, a Division of RWDSU, AFL-CIO, Pe- titioner. Cases I-RC-13461 and 1-RC-13462 September 15, 1975 DECISION AND DIRECTION OF ELECTIONS BY CHAIRMAN MURPHY AND MEMBERS JENKINS AND PENELLO Upon the petitions duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before Hearing Officer Francis X. McDonough of the National Labor Relations Board. Following the hearing and pursuant to Section 102.67 of the National Labor Relations Board Rules and Regulations 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 National Labor Relations Board finds: 1. The Employer is engaged in commerce within the meaning of the Act. 2. The Petitioner is a labor organization claiming to represent employees of the Employer. 3. A question affecting commerce exists concern- ing the representation of employees of the Employer within the meaning of Sections 9(c)(1) and 2(6) and (7) of the Act. A. Appropriate Unit Employer is a Massachusetts corporation orga- nized as a nonprofit health care institution with its principal place of business in Boston, Massachusetts. In Case 1-RC-13461, Petitioner seeks a unit of tech- nical employees. In Case 1-RC-13462, Petitioner seeks a broad service and maintenance unit. Employ- er contends that the only appropriate unit is a wall- to-wall or overall unit. We agree with Petitioner's po- sition as to the appropriate unit. We have recently decided in Nathan and Miriam Barnert Memorial Hospital Association d/b/a Barnert Memorial Hospital Center, 217 NLRB No. 132 (1975), that separate units of technical employees and of service and maintenance employees of nonprofit hospitals are appropriate for bargaining. We therefore find appro- priate the units sought by Petitioner. There are a number of unit placement issues which will be dis- cussed hereinafter. B. Clerical Employees The inpatient admitting clerks, the outpatient ad- mitting clerks, and the main lobby receptionists are business office clericals and are therefore excluded from both units. The other clerical classifications dis- cussed in the record I are hospital clericals and we will therefore properly include them in the service and maintenance unit. In St. Catherine's Hospital of Dominican Sisters of Kenosha, Wisconsin, Inc., 217 NLRB No. 133 (1975), we found that receptionists and admitting desk employees are business office clericals. In Newington Children's Hospital, 217 NLRB No. 134 (1975), we included in the service and maintenance unit all clerical employees who are not business office clerical employees. There we stated as the test that "the hospital clericals (as contrasted with business office clericals) are located geographi- cally throughout the hospital, within various depart- ments composed of other service and maintenance employees." C. Graduate Nurses and Chemists Graduate nurses and senior nursing assistants have graduated but have not yet passed the registration examination for registered nurses, either because they have not taken the exam or because they have failed it before. In accord with Mercy Hospitals of Sacramento, Inc., 217 NLRB No. 131 (1975), we find these nurses to be professional employees within the meaning of the Act, and we therefore exclude them from both units. We do not at this time pass on the question of how many times a nurse is allowed to fail the registration exam before her professional status is dissolved. i In-service education clerk-typist, nursing service secretary, nursing equipment and supply clerk, emergency room hostess, emergency room clerk, dietary department clerk, central supply room clerk, pharmacy clerk, social service secretary, social service clerk-typist, chemistry clerk-typist, pediatrics secretary, histology clerk-typist, bacteriology clerk-typist, hema- tology clerk-typist, pathology clerk-typist, chemistry clerk-typist, laboratory administration receptionist, pulmonary laboratory secretary, inhalation clerk, psychiatry secretary, x-ray department secretary, x-ray department transcriber, x-ray department receptionist-clerk, x-ray department file clerk, neurology department secretary, neurology department transcriber, surgical service secretary, obstetrical-gynecological medical secretary, out-patient services secretary, blood bank clerk, cardiology department secretary, cardi- ology department stenographer, cardiology department records clerk, intra- venous solution clerk, cardiac surgery secretary, social service clerk, nuclear medicine secretary, and nuclear medicine clerk-typist 220 NLRB No. 61 326 DECISIONS OF NATIONAL LABOR RELATIONS BOARD There are three laboratory chemists. Two of the three chemists have college degrees specializing in chemistry, and the third chemist has 2 to 3 years of training as a medical technologist, and about 6 years of service with a public health system. The chemists sometimes do 100 tests a day and they perform 20 to 30 different types of tests. They bring independent judgment and specialized skills to bear, especially since they make improvements in procedures. They can also spot faults and correct them. We therefore find the chemists to be professionals as their educa- tional qualifications and duties are very similar to those of the chemists found to be professionals in Barnert Memorial Hospital Center, supra. D. Chef According to the job description in evidence, the chef directs, supervises, and participates in the activi- ties of preparing, cooking, and serving a wide variety of food for hospital patients and cafeteria operations. He also plans and arranges menus with the dieticians and the food service director. On the other hand, it was developed at the hearing not only that the chef has no authority to hire, fire, discharge, or discipline employees, but also that he spends approximately 95 percent of his workday in production. It was also developed at the hearing that the food service direc- tor and his assistants distribute the workload to kitchen personnel and cooks and that the chef gives only routine instructions with respect to the produc- tion schedule. The food service director and his three assistants come into the kitchen on a staggered basis all day long. Since it is not clear from the record whether the chef is a supervisor or not, we shall allow him to vote subject to challenge. E. Food Supervisors Food supervisors are responsible for obtaining menus, distributing them to patients, helping patients to select what items they like, collecting the menus, returning them to the dietary office, and checking the kitchens for sanitation and quality control as far as the meals are concerned. The food supervisors do not have any assigning authority over the diet aides and cannot discipline, reprimand, hire, or fire diet aides. There was only one instance cited in the record where a food supervisor reported an uncooperative diet aide who was subsequently disciplined. In view of the duties of the food supervisors, it is clear that they are not supervisors under the Act, and we shall therefore include them in the service and mainte- nance unit. F. Nursing Students There are a number of nursing students at the St. Elizabeth's School of Nursing who work part time as nurses aides in the hospital itself. Freshmen student nurses cannot work until after they have spent 24 weeks in the school. Thereafter the nursing students can work only a maximum of 12 hours a week. As they work only 12 hours a week, they receive no fringe benefits. Their performance as nursing aides is not evaluated. Upon graduation many of the nursing students go to work for the hospital as graduate nurs- es. As the nursing students are treated differently from nonstudent employees, their employment is only incidental to their educational objectives, and their interests are separate from those of nonstudent employees, we shall exclude the nursing students from the service and maintenance unit? G. Part-Time Employees The parties are in disagreement as to the unit placement of regular part-time employees.' The hos- pital is heavily dependent on regular part-time em- ployees. From a list which was introduced into evi- dence it seems that approximately a third of the employees are regular part-time employees. This is necessitated by the fact that services are provided around the clock. Petitioner would exclude all part- time employees working less than 20 hours per week. Employer would include in the unit all regular part- time employees. The only difference between regular part-time employees and full-time employees relates to , fringe benefits. Employees working under 20 hours have no fringe benefits. Employees working between 20 and 24 hours receive holidays, vacation, and sick leave. Employees working between 24 and 30 hours receive, in addition to the previously men- tioned fringe benefits, regular life insurance and disa- bility insurance. Employees working over 30 hours have all fringe benefits including health insurance. On the other hand, the part-time employees have the same working conditions and work duties as the other employees. In Barnert Memorial Hospital Cen- ter, supra, Petitioner sought to exclude part -time em- ployees working less than 16 hours a week. We in- cluded the employees in the unit noting that "all part-time employees in the two units found appropri- ate here, whether they average more or less than 16 hours a week, are regularly scheduled by the hospital 2 Saga Food Service of California, Inc., 212 NLRB 786 (1974), and cases cited therein. J The parties have stipulated that on-call employees should be excluded as casuals since they have no community of interest with the other employees. We accept this stipulation since it does not violate Board policy. ST. ELIZABETH'S HOSPITAL OF BOSTON and perform the same work as all other full time em- ployees in their classification, doing the work in the same place under the same supervision . Accordingly, we reject Petitioner's contention that employees working less than 2 days, or 16 hours, per week should be excluded from the units we have found appropriate . . . ." In accord with this decision, we therefore include regular part-time employees in the unit found appropriate. Employer contends that the lead housemen, the lead maids, the nursing school housemen, and the nursing school maids should be included in the unit. The Petitioner does not oppose this contention. As Employer's position is supported by the record we shall include the aforementioned employees in the service and maintenance unit. Employer would also include in the unit the nursing school housemothers. As Petitioner's assertion that the housemothers are supervisory or managerial is not supported by record evidence, we shall include the housemothers in the service and maintenance unit. Having found a unit of technical employees to be appropriate we are faced with the unit placement of several employees. Licensed practical nurses are of course included in the technical employees unit. We will discuss hereinafter the unit placement of 23 dis- puted classifications of employees and we will make our decisions based on the parameters set forth in Barnert Memorial Hospital Center, supra. 1. Renal technician This technician has knowledge of the specialized field of renal dialysis equivalent to 2 years of college and has over 3 months and up to and including 6 months of experience . We shall therefore include this technician in the technical unit. 2. Dialysis technician This job also requires knowledge of the specialized field of renal dialysis equivalent to 2 years of college and requires 1 and up to 2 years of experience. We therefore find this classification to be properly in- cluded in the technical unit. 3. Cardiopulmonary technician This job requires a broad knowledge of the car- diopulmonary field, including the functions of cath- eterization and related tests and techniques. This knowledge is equivalent to a college education. Expe- rience of 9 to 12 months is required. We therefore find this classification to be included in the technical unit. 327 4. Radiology special procedures technician This position requires thorough knowledge of ra- diology including regular and special procedures, techniques, methods, and equipment. The employee should be familiar with record report preparation and maintenance. This knowledge is equivalent to a high school education plus additional specialized training comparable to 2 years of college. Experience required is over 1 and up to 2 years. We therefore find this classification to be technical. 5. Ultrasound technician This position requires thorough knowledge of ra- diology, regular and special procedures, and ultra- sound techniques, methods, and equipment. The em- ployee must be familiar with record report information and maintenance. Experience required is over I year and up to 2 years. We therefore find this classification to be technical. 6. Inhalation therapist This position requires knowledge of inhalation therapy testing equipment and lab practices. This knowledge is equivalent to a high school education plus additional specialized training. The employee must have over I and up to 2 years of experience. We therefore find this position to be technical. 7. Pulmonary function therapist This position requires knowledge of inhalation therapy, testing equipment, and lab procedures. This knowledge is equivalent to a high school education plus additional specialized training and an employee performing the job must have over 1 and up to 2 years of experience. We therefore find this classifica- tion to be technical. 8. Blood gas technician This position requires knowledge of inhalation therapy, testing equipment, and lab practices. This knowledge is equivalent to a high school education plus additional specialized training, and the employ- ee performing this job must have over 1 year and up to 2 years of experience. We therefore find this classi- fication to be technical. 9. Cardiac technician This position requires thorough knowledge of clin- ical research laboratory technology, and familiarity 328 DECISIONS OF NATIONAL LABOR RELATIONS BOARD with the operation of the latest laboratory equip- ment. This knowledge is equivalent to 2 years of col- lege and the incumbent of the job must have over 1 plus up to 2 years of experience. This position is therefore technical. 10. Chemical technician diology, regular and special procedures, techniques, methods, and equipment, and familiarity with record report preparation and maintenance. This knowledge is equivalent to a high school education plus addi- tional specialized training comparable to 2 years of college; 1 and up to 2 years of experience is neces- sary. We therefore find this position to be technical. This position requires thorough knowledge of the specialized field of chemistry and is equivalent to a high school education plus additional training equal to 2 years of college. An employee must have 6 months and up to 1 year of college. The position also requires an employee to be a certified lab assistant (CLA) or its equivalent through training and experi- ence. We therefore find this position to be technical. 11. Histology technician This position requires knowledge of histology lab techniques and equipment. This knowledge is equiva- lent to a high school education plus additional spe- cialized training. Experience necessary is over 2 and up to 3 years. Certification by the American Society of Clinical Pathologists (ASCP) is eventually re- quired for the job or its equivalent in experience and training. We therefore find this position to be techni- cal. 12. Cytotechnologist The education required for this position is equiva- lent to a high school education plus 2 years of col- lege, and experience necessary is 1 year and up to 2 years. An ASCP certificate or its equivalent in train- ing and experience is necessary . We therefore find this position to be technical. 13. Blood bank technologist This position requires knowledge of medical tech- nology, including hematology, chemistry, bacteriolo- gy, and related sciences. Familiarity with methods and techniques related to blood bank, hematology, and chemistry lab functions is necessary. This knowl- edge is the equivalent of 2 years of college education, and experience required is over 9 and up to 12 months. ASCP certification is eventually required, but it can be substituted by equivalent training and experience. We therefore find this position to be technical. 14. Registered x-ray technician This position requires a thorough knowledge of ra- 15. Chemical lab technologist This position requires broad knowledge of the field of medical technology , involving chemistry , biology, serology, and related sciences. Familiarity with the functions and operations of lab equipment and pro- cedures is necessary . This knowledge is equivalent to 4 years of college and the experience necessary is over I and up to 2 years . An ASCP certificate is required or its equivalent in training and experience. We therefore find this position to be technical.4 16. Bacteriology lab technologist This position requires broad knowledge of medical technology, including the physical sciences such as bacteriology, serology, hematology, biology, and others. The employee must be familiar with related lab equipment. This knowledge is equivalent to 4 years of college education, and the experience re- quired is over 9 and up to 12 months. An ASCP cer- tificate is required, or its equivalent in training and experience. We therefore find this position to be technical. 17. Hematology technician This position requires broad knowledge of the clin- ical lab sciences such as hematology, chemistry, and associated techniques. The employee must also be fa- miliar with anatomy. This knowledge is equivalent to 4 years of college, and experience required is over 9 and up to 12 months. The employee must have a CLA certificate or its equivalent in training. We therefore find this position to be technical. 18. Nuclear medicine technician This position requires broad technical knowledge of lab testing procedures involving isotopes, blood, and gland studies. This knowledge is equivalent to a complete college or university education resulting in a degree in biology or biochemistry, and the experi- ence necessary is over 2 and up to 3 years. We there- 4 No contention is made that employees in classifications 15, 16, 17, and 18 are professionals. ST. ELIZABETH'S HOSPITAL OF BOSTON 329 fore find this position to be technical. 19. Operating room technician This position requires knowledge of surgical in- struments and supplies, and some knowledge of vari- ous operating room machines and techniques and procedures in assisting surgeons. The training is equivalent to a high school education plus additional specialized courses, and the experience necessary is over 9 and up to 12 months. Since we do not find that the education required for and the independent judgment exercised in this job are sufficient to classi- fy it as technical, we shall therefore include this em- ployee in the service and maintenance unit. 20. EKG technician This position requires a basic knowledge of arith- metic, accuracy in checking, posting, and counting, and knowledge equivalent to a high school educa- tion. The only experience necessary is over 1 and up to 2 months. We therefore find that this position is not technical and therefore include it in the service and maintenance unit. 21. EEG technician This position requires knowledge of electroen- cephalograph techniques and machine operations, and office and technical procedures. The training is the equivalent of a high school education plus addi- tional specialized courses . The only experience neces- sary is over 1 but up to 2 years. We therefore find that this position is not technical and we include it in the service and maintenance unit. 22. Darkroom technician This position requires basic knowledge of arithme- tic and English and familiarity with darkroom tech- niques and solution preparation. The knowledge nec- essary is equivalent to a high school education, and the only experience required is over 2 and up to 3 months. We therefore find that this position is not technical and we include it in the service and mainte- nance unit. 23. Equipment technician This position requires training and education equivalent to high school, additional specialized courses, and over 3 months and up to 12 months of experience. We therefore find that this position is not technical and we include it in the service and mainte- nance unit. We therefore find the following units appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: Case 1-RC-13462 All regular full-time and part-time employees in the service and maintenance areas employed by the Employer at its hospital facilities in Boston, Massa- chusetts, but excluding all administrators, profession- als, confidential employees, office clerical employees, and technical employees, registered nurses, guards, and supervisors as defined in the Act, and all other employees. Case I-RC-13461 All regular full-time and part-time technical em- ployees employed by the Employer at its hospital fa- cility located in Boston, Massachusetts, but exclud- ing all administrators, professionals, confidential employees, office and clerical employees, registered nurses, service and maintenance employees, guards, and supervisors as defined in the Act, and all other employees. [Direction of Elections S omitted from publica- tion.] 6 MEMBER PENELLO, dissenting: For the reasons set forth in my dissent in Nathan and Miriam Barnert Memorial Hospital Association, supra, I also dissent in this case. I would not find appropriate separate units of service and mainte- nance employees and technical employees, but rather I would find the appropriate unit to be all service and maintenance employees including technical employ- ees and licensed practical nurses, but excluding busi- ness office clericals and all other employees.' S The Regional Director shall determine whether the showing of interest is sufficient in each unit before proceeding with the elections. 6 Excelsior fn. omitted from publication. 7 I concur in my colleagues' determinations that the admitting clerks and receptionists are business office clericals and therefore are excluded from both units, and that the graduate nurses and chemists are professionals