202 N.L.R.B. 69 (N.L.R.B. 1973)

The University of Chicago

National Labor Relations Board - Board DecisionsMar 2, 1973

202 N.L.R.B. 69 (N.L.R.B. 1973)

THE UNIVERSITY OF CHICAGO 69 The University of Chicago , Employer-Petitioner and Warehouse & Mail Order Employees Union, Local 743, affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America,' Petitioner and University of Chicago Employees Local 1657, American Federation of State, County and Municipal Employees (AFSCME) and District Council 19, American Federation of State, County and Municipal Em- ployees, AFL-CIO (AFSCME),2 Petitioner. Cases 13-RM-1051, 13-RC-12629, and 13-RC-12656 March 2, 1973 DECISION AND DIRECTION OF ELECTIONS BY MEMBERS FANNING, KENNEDY, AND PENELLO Upon separate petitions duly filed under Section 9(c) of the National Labor Relations Act, as amended, a consolidated hearing was held before Hearing Officer Patricia A. Patterson. Following the hearing and pursuant to Section 102.67 of the National Labor Relations Board Rules and Regula- tions and Statements of Procedure, Series 8, as amended, by direction of the Regional Director for Region 13, these cases were transferred to the Board for decision. A brief was filed by the Employer and the Teamsters submitted a letter adopting said brief. On December 18, 1972, the Board issued an order to show cause "as to why, in view of the new rule in Duke University [200 NLRB No. 13 ], elections should not be held in the stipulated units." In their responses thereto, the Employer, the Teamsters, and District Council 19 took the position that elections should be held in the stipulated units. 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 these cases, the Board finds: 3 1. The Employer is engaged in commerce within the meaning of the Act, and it will effectuate the policies of the Act to assert jurisdiction herein.4 I Herein called the Teamsters 2 Herein called District Council 19. 3 The Employer requests oral argument We hereby deny this request as the record and the briefs adequately present the issues and positions of the parties 4 Cornell University, 183 NLRB No. 41, Rules and Regulations, Series 8, 2. The labor organizations involved claim to represent certain employees of the Employer. 3. The parties stipulated to two technical units 5 comprised of employees working in the Employer's biological sciences division which, inter alia, includes seven hospitals, clinics, a medical school, classrooms, and laboratories wherein the technicians perform both clinical and scientific research functions. There is nothing in the record to show that 50 percent or more of the worktime of employees in each included classification, taken as a group, is spent on duties which are clinical or intimately related to the operation of the hospitals. In the absence of such evidence, we shall assert jurisdiction herein on the basis of the 50-percent test recently enunciated in Duke University.6 Accordingly, we find that a question affecting commerce exists concerning the representation of certain technical employees of the Employer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the Act. 4. We find in agreement with the parties that the following employees constitute appropriate units for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: Unit A All technical employees of the University of Chicago listed in Appendix A, excluding office clerical employees, professional employees, guards, and supervisors as defined in the Act, employees of the Argonne National Laboratory, employees covered by collective-bargaining agreements, and all other employees. Unit B All technical employees of the University of Chicago listed in Appendix B, excluding office clerical employees, professional employees, guards and supervisors as defined in the Act, employees of the Argonne National Laboratory, employees covered by collective-bargaining agreements, and all other employees. [Direction of Elections 7 and Excelsior footnote omitted from publication.] MEMBER FANNING , concurring: I agree with my colleagues that it is proper to assert jurisdiction in the instant case. However, I do so without regard to the 50-percent rule subscribed to by a majority of the Board in Duke University, 200 as amended , Sec 103 I. 5 A description of these units is given below 6 See also Duke University, 194 NLRB No. 31. 7 Counsel for the AFSCME stated at the hearing its desire that District Council 19 should be its only union on the ballot 202 NLRB No. 8 70 DECISIONS OF NATIONAL LABOR RELATIONS BOARD NLRB No. 13. In concurring with the result reached by my colleagues in the instant case, I rely on the rationale set forth in my dissents in the above-cited case and in the earlier proceeding involving Duke University, 194 NLRB No. 31. APPENDIX A Jr..Research Tech. Apprentice Histotechnician Jr. Histotechnician Histotechnician Sr. Histotechnician Electron Microscopy Technician Jr. Clinical Biochemistry Tech. Jr. Clinical Microbiology Tech. Sr. Medical Laboratory Tech. Jr. Fluoroscopy Technician Fluoroscopy Technician Anesthesia Technician Jr. Anesthesia Technician Anesthesia Technician (Blood Gas) Anesthesia Assistant Jr. Electrocardiogram Tech. Electrocardiogram Technician Lead Electrocardiogram Tech. Jr. Pulmonary Function Tech. Pulmonary Function Technician Lead Pulmonary Function Tech. Cardiopulmonary Laboratory Tech. Basal Metabolism Technician Jr. Inhalation Therapy Tech. Inhalation Therapy Technician Certified Dental Assistant Oral Hygienist Urology Technician Jr. Kidney Dialysis Technician Kidney Dialysis Technician Morgue Technician Physical, Recreational & Occupational Therapy Assistants Electroencephalogram Tech. Lead Electroencephalogram Tech. X-Ray Technician Registered X-Ray Technician Radiation Therapy Technologist Opthalmic Technician Orthoptic Technician Brace Shop Technician Animal Technician Operating Room Technician Jr. Radiation Safety Technicians Radiation Safety Technicians Sr. Radiation Safety Technicians Jr. Photographic Technician Photographic Technician Sr. Photographic Technician Audio-Visual Technician Medical Laboratory Tech. Darkroom Technician Microfilm Technician Jr. Pharmacy Technician Dental Assistant Dental Laboratory Tech. (Prosthetic) Sr. Dental Laboratory Tech. (Prosthetic) Pharmacy Technician APPENDIX B Research Technician Jr. Cytology Technician Cytology Technician Clinical Biochemistry Technician Clinical Microbiology Technician Scanner/Measurer Jr. Electronic Technician Electronic Technician Senior Electronic Technician Jr. Draftsman Draftsman Sr. Draftsman Research Mechanic Sr. Research Mechanic Technical Assistant