BETH ISRAEL MEDICAL CENTER

National Labor Relations Board - Board Decisions

Jun 11, 2014

02-RC-121992 (N.L.R.B. Jun. 11, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
BETH ISRAEL MEDICAL CENTER
Employer
and Case No. 02-RC-121992
COMMITTEE OF INTERNS AND RESIDENTS,
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1957
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s Decision and Direction of
Election is denied as it raises no substantial issues warranting review.1
MARK GASTON PEARCE, CHAIRMAN
NANCY SCHIFFER, MEMBER
MEMBER MISCIMARRA, dissenting:
I would grant review in the instant case because (i) the Regional Director found medical
interns, residents, chief residents, and fellows were statutory employees based a factual analysis
applying standards set forth in Boston Medical Center, 330 NLRB 152 (1999) (finding medical
interns, residents and fellows to be statutory employees) and St. Barnabas Hospital, 355 NLRB
No. 39 (2010) (finding hospital house staff to be statutory employees), as well as Brown
University, 342 NLRB 483 (2004) (finding that graduate and teaching assistants had a “primarily
educational” relationship and were not statutory employees); (ii) the Board has granted review
and invited briefing on whether Brown University should be adhered to, modified, or overruled
in Northwestern University, Case 13-RC-121359 (notice and invitation to file briefs dated May
12, 2014) (Regional Director finding university grant-in-aid scholarship football players to be
statutory employees); and (iii) the foregoing cases engage in different factual analysis and apply
different standards regarding statutory employee status.

1 We find the Employer’s reliance on Brown University, 342 NLRB 483 (2004),
misplaced. For the reasons stated in St. Barnabas Hospital, 355 NLRB 233 (2010), Brown is not
controlling here.
The Employer has not asked us to revisit or overrule Boston Medical Center Corp., 330
NLRB 152 (1999), but argues that the present case is distinguishable from that case and St.
Barnabas, above, due to changes in accreditation requirements set by the Accreditation Council
for Graduate Medical Education. Although the Employer has identified certain factual
differences between this case and both Boston Medical Center and St. Barnabas Hospital, these
differences do not significantly implicate the considerations analyzed by and relied upon by the
Board in those cases.
PHILIP A. MISCIMARRA, MEMBER
Dated, Washington, D.C., June 11, 2014.