Mon-Yough Community Mental HealthDownload PDFNational Labor Relations Board - Board DecisionsJan 19, 1977227 N.L.R.B. 1218 (N.L.R.B. 1977) Copy Citation 1218 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Mon-tough Community Mental Health And Mental Retardation Services, Inc. and Northern Area Multi-Service Center of Allegheny County' and Service Employees International Union, Pennsyl- vania Social Services Union , Local 668, AFL-CIO, Petitioner. Cases 6-RC-7380 and 6-RC-7381 January 19, 1977 DECISION AND ORDER BY CHAIRMAN MURPHY AND MEMBERS JENKINS AND WALTHER Upon petitions duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before Hearing Officer Matthew M. Franck- iewicz.2 Following the hearing and pursuant to Section 102.67 of the National Labor Relations Board's Rules and Regulations, Series 8, as amended, these cases were transferred to the National Labor Relations Board for decision. The named Employers and the Petitioner filed briefs. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. The Board has reviewed the Hearing Officer's rulings 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: In Case 6-RC-7380, Petitioner seeks to represent approximately 50 employees employed by Mon- Yough Community Mental Health and Mental Retardation Services, Inc., hereinafter Mon-Yough, who are engaged in the provision of mental health services. Mon-Yough contends that it is exempt from Board jurisdiction. We agree. Mon-Yough is a nonprofit Pennsylvania corpora- tion which provides therapeutic care and rehabilita- tion to mentally disabled, mentally retarded, and aged clients in the southeastern part of Allegheny County, Pennsylvania. Pursuant to Section 301 of Pennsylvania's Mental Health and Mental Retarda- tion Act of 1966, which mandates Allegheny County to provide services for the mentally ill and mentally retarded, Allegheny County has entered into succes- i The names of the Employers appear as amended at the heanng. 2 Cases 6-RC-7380 and 6-RC-7381 were consolidated for heanng pursuant to Sec 102.72 of the National Labor Relations Board 's Rules and Regulations , Series 8, as amended 9 The Allegheny County Institutional District , a political subdivision of the Commonwealth of Pennsylvania , hereinafter ACID, is responsible for the provision of services for elderly and aging persons Pursuant to a Federal grant obtained by ACID and administered through the Department of Public Welfare of the Commonwealth of Pennsylvania , Mon-Yough was engaged by ACID " to perform certain of the duties imposed upon the ACID by reason of its acceptance of the Federal Grant " 227 NLRB No. 172 sive contracts with Mon-Yough since 1969. These contracts designate Mon-Young as the "Provider of Service" for such programs as "Aftercare," "Alchol- ism," "Area Agency for the Aging," 3 "Base Service Unit," "Community Living Arrangements," "Consul- tation and Education," "Day Treatment Center," "Drug Center," "Drug Prison Corrections," "Mental Retardation," "Outpatient," and "Therapeutic Activ- ities Center." Mon-Yough submits budgets for its programs to Allegheny County for approval. The budgets identify the amounts of money requested for each program category, including contract services, salaries and wages, travel, rent, maintenance, utilities, and'sup- plies. Contracts are subsequently drawn up by Allegheny County which specify the amounts of money that Allegheny County will pay Mon-Yough for operating its programs. The Personnel Action Plan of Allegheny County, known as the Allegheny Plan, sets forth detailed policies and procedures for the administration of Mon-Yough's programs. It requires Mon-Yough, inter alia, to prepare a personnel policy procedure manual for approval by Allegheny County. All of Mon-Yough's employees are classified, and their salaries set, in accordance with the Allegheny Plan which provides detailed job descriptions including minimum educational and/or experience require- ments.4 Before Mon-Yough may hires or promote employees, grant wage or merit increases,6 pay fringe benefits,7 or set working hours, Allegheny County's approval must be secured. In addition to filing forms with Allegheny County each time it considers a personnel change, Mon-Yough must submit monthly personnel rosters and organizational charts and yearly employee evaluations to Allegheny County. Mon-Yough's executive director is directly super- vised by Allegheny County. In addition, he regularly meets with Allegheny County liaison personnel and usually follows their recommendations. The record demonstrates and we find that Alleghe- ny County exercises substantial control over Mon- Yough's labor relations policies. It supervises Mon- Yough's executive director, contributes more than 90 percent of Mon-Yough's total operating funds, and has a corresponding right to control the amount of money available for each of Mon-Yough's programs. 4 On one occasion , Mon-Yough's proposal for an employee's salary was rejected by Allegheny County as too low S Personnel information must be submitted to Allegheny County before Mon-Yough may hire a new employee Allegheny County reviews this personnel information to determine whether or not the new employee meets its established criteria . If not, Allegheny County funds may not be used to hire the employee. 6 Since the beginning of 1975 Allegheny County has rejected approxi- mately three raise requests submitted by Mon-Yough. 7 Contrary to Mon-Yough's request, Allegheny County has directed that fringe benefits may not be provided for part-time personnel MON-YOUGH COMMUNITY MENTAL HEALTH 1219 Furthermore, the record reveals that Allegheny County exercises day-to-day control over Mon- Yough's personnel policies through its requirement that Mon-Yough conform to the Allegheny Plan which provides for prior county approval of Mon- Yough's personnel policies including decisions to hire, promote, or grant pay raises to employees, establishment of uniform job descriptions, experience and/or educational requirements for employees, salary guidelines, and a requirement for periodic personnel reports. We find that such control requires us to decline to assert jurisdiction herein.8 According- ly, we shall dismiss the petition in Case 6-RC-7380.9 In Case 6-RC-7381 Petitioner seeks to represent 16 Adult Services employees receiving paychecks from the Employer, Northern Area Multi-Service Center of Allegheny County. The Employer is a nonprofit Pennsylvania corporation with its main facility locat- ed in Sharpsburg, Pennsylvania, and with a branch office located in Tarentum, Pennsylvania. It employs 16 caseworkers, not involved in this petition, to provide services for elderly, handicapped, and retard- ed clients and operate a headstart program for preschool children and a recreation program for young people. The Employer operates almost exclu- sively under contracts with Allegheny County to provide these services in the northern and northeast- ern portions of the county. Allegheny County sends an additional 16 employ- ees, designated as adult services employees, to the Employer for the purpose of providing casework service to elderly clients confined to their homes. As stated, the Petitioner seeks to represent these persons. The Employer contends, inter alia, that the adult services employees are not employees of the Employ- 8 In view of our holding herein , we find it unnecessary to pass on the issue of whether the services provided by the Employer are intimately connected with the exempted operations of the county AE Services, Inc, 221 NLRB 64 (1975) 9 In declining jurisdiction over this Employer we distinguish our decision in Mental Health Services - Erie County South East Corp, 220 NLRB 96 (1975) There, evidence of control of labor relations was far less substantial than is present in the instant case er but rather are employees of Allegheny County, an exempt governmental entity under Section 2(2) of the Act and that the petition should therefore be dis- missed. We agree. The adult services employees do not work either at the Employer's Sharpsburg or Tarentum facilities, but are based in offices located throughout Allegheny County. They are hired, oriented, supervised, and terminated by Allegheny County. Allegheny County determines their salaries, promotions, pay increases, fringe benefits, paid holidays, and working hours. In addition, Allegheny County maintains their person- nel records and timesheets. The Employer pays to the adult services employees salaries and travel reimbursements in amounts set by and received from Allegheny County. Although these employees are covered under the Employer's hospi- talization plan, the Employer's share of the cost of the plan for these employees is determined and paid by Allegheny County. The record reveals that aside from these functions the Employer possesses no control over the terms of employment of the adult services employees. In light of the foregoing, we find that the adult services employees are employees of Allegheny County and not of the Employer. Accordingly, since Allegheny County is an exempt governmental entity under Section 2(2) of the Act, we shall dismiss the petition in Case 6-RC-738 1. ORDER It is hereby ordered that the petitions filed in Cases 6-RC-7380 and 6-RC-7381 be, and they hereby are, dismissed. Mon-Yough also contends that the unit sought by Petitioner is inappropri- ate on the basis that 13 of its employees are supervisors It also claims, contrary to Petitioner , that employee Lacey Richardson is a professional employee As we are dismissing the petition herein onjunsdictional grounds, we find it unnecessary to resolve the issues raised by these claims. Copy with citationCopy as parenthetical citation