Lincoln Child Center

National Labor Relations Board - Board Decisions

Jun 19, 1974

211 N.L.R.B. 755 (N.L.R.B. 1974)

LINCOLN CHILD CENTER
West Oakland Home , Inc., d/b/a Lincoln Child
Center, Employer-Petitioner and Social Services
Union , Local 535, Service Employees International
Union, AFL-CIO. Case 20-RM-1673
June 19, 1974
DECISION AND ORDER
BY CHAIRMAN MILLER AND MEMBERS
FANNING AND PENELLO
Upon a petition duly filed pursuant to Section 9(c)
of the National Labor Relations Act, as amended, a
hearing was held on September 14, 1973, at San
Francisco, California, before Hearing Officer Miguel
A. Gonzalez. After 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 Regional
Director for Region 20 issued an order transferring
this case to the Board for decision. Thereafter, the
Employer-Petitioner filed a brief.
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 case, the Board
finds:
The Employer is a California nonprofit corpora-
tion whose purpose is to provide treatment for
emotionally disturbed children. The three main
programs are residential treatment, which is continu-
ing 24-hour care for disturbed children; day treat-
ment, which is a daytime program for children who
cannot be handled in public schools; and a group
home program for children who cannot function in
foster hcmes and who do not need residential
services. The Employer also operates a foster home
program, an outreach program, and tutoring work-
shops for those with severe learning problems.
755
In connection with its operations, the Employer
operates three facilities within a 3-mile radius in the
city of Oakland. These include its main facility and
two group homes. All the children attending the
Employer's facilities are local residents, primarily
from the city of Oakland, but also from Alameda
County, San Francisco, and Contra Costa. The
Employer has a licensed physician on the staff but
has no medical facilities and treatment rooms of the
type found in a hospital. The Employer does not
employ teachers. Teachers working in the Employer's
program are employed by the public school system.
The record reveals that the Employer's total
income for calendar year 1972 was $615,387.
cHAMPus, an agency of the Federal Government,
contributed approximately $65,000 during that year
for military dependents at the facility. In addition,
the Employer received approximately $154,000 by
contract with Alameda County, $87,000 from various
other agencies, $94,000 from the United Fund,
$81,000 from private fund-raising efforts, $12,000
from rental income, and the balance from payments
and refunds from clients, including $31,000 in private
fees. All significant purchases of goods and services,
including food, are made locally.
For the reasons expressed in our recent decision in
Ming Quong Children's Center, 210 NLRB No. 125,
we conclude that it would not effectuate the policies
of the Act for the Board to assert jurisdiction over
the type of nonprofit institution operated by the
Employer whose activities are noncommercial in
nature and are intimately connected with the
charitable purposes of the institution. Accordingly,
we shall dismiss the petition.
ORDER
It is hereby ordered that the petition filed herein
be, and it hereby is, dismissed.
MEMBER FANNING, dissenting:
For the reasons stated im my dissent in Ming
Quong Children's Center, 210 NLRB No. 125, I would
assert jurisdiction in this case.
211 NLRB No. 118