Marquette General Hospital

National Labor Relations Board - Board Decisions

Jan 24, 1975

216 N.L.R.B. 301 (N.L.R.B. 1975)

MARQUETTE GENERAL HOSPITAL
Marquette General Hospital and Michigan Council
55, American Federation of State, County &
Municipal Employees, AFL-CIO. Case AO-162
January 24, 1975
ADVISORY OPINION
BY ACTING CHAIRMAN FANNING AND
MEMBERS JENKINS, KENNEDY , AND PENELLO
This is a petition for an Advisory Opinion filed on
November 19, 1974, by Marquette General Hospital,
herein called the Employer, in conformity with
Sections 102.98 and 102.99 of the Board's Rules and
Regulations , Series 8 , as amended, seeking a determi-
nation whether the Board would assert jurisdiction
over the Employer 's operations . Thereafter, on
December 5, 1974, the Employer filed a brief, urging
the Board to assert jurisdiction.
In pertinent part , the petition and brief allege in
substance:
(1) There is currently pending before the Michigan
Employment Relations Commission, Labor Rela-
tions Division, herein called the State Commission, a
petition in a representation proceeding , Case R 74B-
56, filed by Michigan Council 55, American Federa-
tion of State, County & Municipal Employees, AFL-
CIO. The State Commission has not as yet issued its
decision and direction of election.
(2) The Employer is a nonprofit hospital devoted to
the care of sick and infirm persons . Its gross annual
revenues for the fiscal year 1973-74 exceeded $10
million . During the same period, it purchased and
received drugs and other supplies from sources
outside the State of Michigan valued in excess of
$50,000.
1 P.L. 93-360, effective August 25, 1974.
s Butte Medical Properties, d/b/a Medical Center Hospital, 168 NLRB
266(1%7).
301
(3) The State Commission made no findings with
respect to the aforementioned commerce data which
has neither been admitted nor denied by the Union.
(4) No representation proceeding involving the
same labor disputes is pending before this Board.
(5) Although served with a copy of the petition for
Advisory Opinion, no response as provided by the
Board's Rules and Regulations has been filed by the
Union or the State Commission.
On the basis of the foregoing, the Board is of the
opinion that:
1. The Employer is a nonprofit hospital devoted
to the care of sick and infirm persons.
2. Recent amendments to the National Labor
Relations Act 1 extended the Board's jurisdiction to
nonprofit hospitals. The Board has previously assert-
ed jurisdiction over proprietary hospitals which come
within its statutory jurisdiction and have an annual
gross volume of $250,000.2 Inasmuch as the Employ-
er here meets our basic jurisdictional standard, and
has a gross annual revenue of approximately $10
million which meets any of our existing monetary
standards, we conclude that the Board would assert
jurisdiction herein. We leave to subsequent adjudica-
tion the determination of the precise monetary
standard to be applied to nonprofit hospitals.3 The
Employer, having a total annual gross volume of $10
million, and having engaged in interstate commerce
so as to be within our statutory jurisdiction, clearly
falls within any of the Board's discretionary jurisdic-
tional standards.4
Accordingly, the parties are advised, under Section
102.103 of the Board's Rules and Regulations, that
on the allegations herein presented the Board would
assert jurisdiction over the operations of the Employ-
er with respect to labor disputes cognizable under
Sections 8, 9, and 10 of the Act.
9 Cf. Cornell University, 183 NLRB 329, 334 (1970).
4 Yale-New Haven Hospital, 214 NLRB No. 34 (1974).
216 NLRB No. 44