The Catholic University of America

National Labor Relations Board - Board Decisions

Mar 23, 1973

202 N.L.R.B. 727 (N.L.R.B. 1973)

CATHOLIC UNIVERSITY OF AMERICA 727
The Catholic University of America and Law Faculty
Bargaining Committee, Petitioner. Case
5-RC-8063
March 23, 1973
DECISION AND ORDER CLARIFYING
DECISION AND DIRECTION OF
ELECTION
BY CHAIRMAN MILLER AND MEMBERS JENKINS
AND PENELLO
On February 20, 1973, the National Labor Rela-
tions Board issued a Decision and Direction of
Election I in the above-entitled proceeding, in which
the Board directed that an election be conducted in
the following unit:
All full-time and regular part-time members of
the faculty at the Columbus School of Law of the
Catholic University of America, including the
head librarian, assistant dean and associate dean,
but excluding administrative and all other em-
ployees and supervisors as defined by the Act.
Thereafter, the Employer filed a motion for
reconsideration and clarification and the Petitioner
filed an answer thereto. In its motion, the Employer
asserts, inter alia, that the Board's Decision and
Direction of Election created doubt and confusion
with regard to the voting eligibility of certain regular
part-time faculty members and it requests clarifica-
tion. In our view, this aspect of the Employer's
motion is meritorious.2 Accordingly, the motion for
clarification is hereby granted.
In our Decision and Direction of Election we
summarized our findings and conclusions with
regard to the unit inclusion and voting eligibility of
regular part-time law school faculty members by
applying the criteria of University of Detroit, 193
NLRB No. 95, and C. W. Post Center of Long Island
University, 198 NLRB No. 79, in the following
manner:
[W ]e find that all part-time faculty members
whose teaching load (measured in terms of credit
hours taught per semester) is at least one-fourth
the average teaching load of their full-time
counterparts shall be included in the bargaining
unit. [University of Detroit criteria.] In addition, all
part-time faculty members who maintained this
teaching load pursuant to a written appointment
i 201 NLRB No 145
2 We find no ment in the Employer's motion for reconsideration of our
determination that a unit limited to the law school faculty is appropriate It
is hereby denied We also deny the Employer's request for a stay of the
election as we have been administratively advised that the election herein
has been held in abeyance pending issuance of the instant order
3 As the unit found appropriate is more comprehensive than the unit
described in the petition, we instruct the Regional Director not to proceed
in at least one semester during any 2 of the last 3
consecutive academic years, inclusive of that in
which the election is directed, shall be eligible to
vote. [C. W Post criteria.]
However, in the Direction of Election we found
eligible to vote those regular part-time faculty
members "who were employed during the payroll
period immediately preceding the date below. . .."
Hence the confusion.
Any implication to the contrary notwithstanding, it
was not our intention to disenfranchise any regular
part-time faculty member who was actually teaching
the required number of semester hours during the
semester in which the election was held. Rather, in
applying C. W. Post, it was our intention to
additionally enfranchise any regular part-time facul-
ty member who was not teaching during the semester
in which the election was held and thus was not on
active payroll status during the designated eligibility
period, but who nevertheless taught the required
number of semester hours pursuant to a written
appointment within the appropriate period of time;
viz, who taught in at least one semester during any 2
of the last 3 consecutive years, inclusive of that in
which the election was directed.
Accordingly, in order to clarify our initial Decision
and Direction of Election, we find that any part-time
law school faculty member whose teaching load is at
least one-fourth that of the average teaching load for
the full-time law faculty, and who is actually
teaching during the semester in which the election is
held, shall be eligible to vote. Also eligible to vote is
any part-time law school faculty member who is not
teaching and thus not on active payroll status during
the eligibility period designated herein, but who has
nevertheless taught pursuant to a written appoint-
ment in at least one semester during any 2 of the last
3 consecutive years, inclusive of that in which the
election is directed, during which period his teaching
load in each such semester has been at least one-
fourth the average teaching load of the full-time law
school faculty.
DIRECTION OF ELECTIONS
An election by secret ballot shall be conducted
among the employees in the unit found appropriate,
as early as possible, but not later than 30 days from
the date below. The Regional Director for Region 5
shall direct and supervise the election, subject to the
with the election until he determines the adequacy of Petitioner's showing of
interest among the employees eligible to vote in the election In the event
that the Petitioner does not wish to proceed with the election, it may
withdraw its petition upon notice to the Regional Director within 10 days
from the date of issuance of this Decision and Order Clarifying Decision
and Direction of Election and, in such event, the Regional Director shall
vacate the Direction of Election
202 NLRB No. 111
728 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
National Labor Relations Board Rules, Series 8, as
amended. Eligible to vote are those in the unit who
were employed during the payroll period immediate-
ly preceding the date below, including employees
who did not work during that period because they
were ill, on vacation, or temporarily laid off. Also
eligible are those part-time faculty members who
were not teaching and thus not on active payroll
status during the above-mentioned payroll period,
but who have taught pursuant to a written appoint-
ment in at least one semester during any 2 of the last
3 consecutive academic years, inclusive of that in
which the election is directed, during which time the
teaching load in each such semester (measured in
terms of credit hours taught per semester) has been at
least one-fourth the average teaching load of the full-
time law school faculty. Also eligible are employees
engaged in an economic strike which commenced
4 In order to assure that all eligible voters may have the opportunity to
be informed of the issues in the exercise of their statutory right to vote, all
parties to the election should have access to a list of voters and their
addresses which may be used to communicate with them Excelsior
Underwear Inc, 156 NLRB 1236, N L R B V Wyman-Gordon Co, 394 U S
759 Accordingly, it is hereby directed that a revised election eligibility list,
containing the names and addresses of all the eligible voters , must be filed
by the Employer with the Regional Director for Region 5 within 7 days of
the date of this Decision and Order Clarifying Decision and Direction of
less than 12 months before the election date and who
retained their status as such during the eligibility
period and their replacements. Those in the military
services of the United States may vote if they appear
in person at the polls. Ineligible to vote are
employees who have quit or been discharged for
cause since the designated payroll period; employees
engaged in a strike who have been discharged for
cause since the commencement thereof and who
have not been rehired or reinstated before the
election date; and employees engaged in an econom-
ic strike which commenced more than 12 months
before the election date and who have been perma-
nently replaced.4 Those eligible shall vote whether or
not they desire to be represented for collective-
bargaining purposes by the Law Faculty Bargaining
Committee.
Election The list may initially be used by the Regional Director to assist in
determining an adequate showing of interest The Regional Director shall
make the list available to all parties to the election when he shall have
determined that an adequate showing of interest among the employees in
the unit found appropriate has been established No extension of time to file
this list shall be granted by the Regional Director except in extraordinary
circumstances Failure to comply with this requirement shall be grounds for
setting aside the election whenever proper objections are filed