The Ohio Masonic Home, Inc.

396 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD The Ohio Masonic Home, Inc. and Teamsters Local Union No. 957, affiliated with the international brotherhood of Teamsters, Chauffeurs, Ware- housemen and Helpers of America, AFL-CIO, Petitioner. Case 9-RC-15319 June 15, 1989 DECISION AND ORDER BY CHAIRMAN STEPHENS AND MEMBERS JOHANSEN AND HIGGINS The Petitioner seeks to represent a unit of all full-time and regular part-time registered nurses employed by the Employer at its Springfield, Ohio facility. A hearing was held on May 3, 1988, before Hearing Officer Matthew T. Denholm. The National Labor Relations Board has delegat- ed its authority in this proceeding to a three- member panel. The Board affirms the hearing officer's rulings, finding them free from prejudicial error. On the entire record, the Board makes the following find- ings. 1. JURISDICTION The Employer, a nonprofit Ohio corporation, is engaged in the operation of a nursing home in Springfield, Ohio. In the course and conduct of its business operations, the Employer annually has a gross volume of business in excess of $100,000. During that same period, the Employer purchases and receives goods and materials valued in excess of $2000 that are shipped to its Springfield facility from points outside the State of Ohio. The parties stipulate, and we find, that the Employer is en- gaged in commerce within the meaning of Section 2(6) and (7) of the Act. The parties stipulate, and we find, that Teamsters Local Union No. 957, af- filiated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO is a labor organization within the meaning of Section 2(5) of the Act. II. THE REPRESENTATIONAL ISSUE The Petitioner seeks to represent a unit of all full-time and regular part -time registered nurses, excluding all licensed practical nurses, service and maintenance employees, office clerical employees, and all other employees, guards, and supervisors as defined by the Act. The Employer contends that the registered nurses in the desired unit are super- visors thus rendering the unit inappropriate. In a companion case, Ohio Masonic Home, 295 NLRB 373, the Petitioner sought to represent a unit of all full-time and regular part-time licensed practical nurses employed at the Employer's Springfield facility. In that case, the Employer like- wise asserted that the licensed practical nurses in the desired unit were supervisors and that the unit was accordingly inappropriate. At the representational hearing in this matter, the parties stipulated that the Employer's registered nurses, known as head nurses, and the Employer's licensed practical nurses, known as charge nurses, have the same duties and authorities, vis-a-vis other employees. The parties further stipulated into the record of the instant case, the record from Case 9- RC-15216, and expressed their desire that the Board base its decision here on the record in Case 9-RC-15216 as supplemented by the parties' stipu- lations. On May 13, 1988, this case was transferred to the Board for consideration along with Case 9- RC-15216. In our decision in Ohio Masonic Home, supra, we have found that the Employer's licensed practical nurses employed as charge nurses were not super- visors under the Aet because the charge nurses did not possess the authority to effectively evaluate or discipline employees or to adjust grievances and did not possess any other indicia of statutory super- visory authority. Because the parties have stipulated that the regis- tered nurses involved in the instant proceeding pos- sess the same duties and authorities in relation to the service and maintenance employees as the li- censed practical nurses in Case 9-RC-15216, we find, for the reasons stated in that decision , that the registered nurses here are not supervisors. Thus, we remand the case to the Regional Director for further processing in accordance with this Decision and Order. ORDER This case is remanded to the Regional Director for further appropriate action. 295 NLRB No. 45