Community Health & Home Care, Inc.

National Labor Relations Board - Board DecisionsAug 25, 1980

251 N.L.R.B. 509 (N.L.R.B. 1980)

COMMUNITY HEALTH AND HOME CARE, INC. 509 Community Health and Home Care, Inc.' and New England Health Care Employees Union District 1199-RWDSU, AFL-CIO, Petitioner. Case 39- RC-59 August 25, 1980 DECISION AND ORDER BY MEMBERS JENKINS, PENELLO, AND TRUESDALE Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before Hearing Officer Howard D. Neidig, Jr., on May 19, 1980. Thereafter, the case was transferred to the National Labor Rela- tions Board for decision. Subsequently, the Em- ployer filed a brief. Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the Na- tional Labor Relations Board has delegated its au- thority 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 af- firmed. Upon the entire record in this proceeding, the Board finds: The Petitioner seeks to represent a unit of all registered nurses employed by the Employer at its Pomfret, Connecticut, facility. The Employer con- tends that it is exempt from Board jurisdiction as a political subdivision. The Employer is a nonprofit, nonstock Connecti- cut corporation which provides and administers a comprehensive public health nursing and home- maker program to a 10-town area in northeastern Connecticut. It was formed on July 1, 1976, as a result of the merger of six separate agencies. It is governed by a board of directors consisting of 22 voting members and certain ex officio members. Each member of the board of directors is appoint- ed by and responsible to selectmen or other elected official of the towns served by the agency. The towns are represented on the board of directors on the basis of population. In order to conduct busi- ' The name of the Employer appears as amended at the hearing. 251 NLRB No. 94 ness a quorum consisting of seven directors repre- senting at least five towns is necessary. The board of directors sets the salary schedule of employees and must approve all fringe benefits. It also passes on all personnel policies including hiring policies, evaluation procedures, holidays, va- cations, and professional development. There is a grievance procedure that includes the board of di- rectors as the last step. Town appropriations account for approximately 18 percent of the agency's revenues; the balance comes from other sources including Medicare, state welfare, and other third party payors. Town fund- ing results in account ability and sensitivity to each town's needs and opinions by the board of direc- tors. A written contract is executed between the Employer and each of the various towns and a report of services rendered to each town is made each year. The Supreme Court has held that employers are exempt political subdivisions under Section 2(2) of the Act if they are either (1) created directly by the State, so as to constitiute departments or ad- ministrative arms of the government, or (2) admin- istered by individuals who are responsible to public officials or to the general electorate. 2 On the basis of the fact that the Employer's board of directors is accountable to and appointed by the public officials in the towns served by the agency, we find that the Court's second test is ade- quately met.3 Accordingly, we find that the Em- ployer is an agency of the 10 towns it serves and, therefore, a political subdivision of the State of Connecticut, and that it is exempt from Board ju- risdiction under Section 2(2) of the Act. As we have concluded that the Employer is exempt from coverage of the Act, we shall dismiss the instant petition. ORDER It is hereby ordered that the petition be dis- missed. 2 N.L.R.B. v. The Natural Gas Utility Distric of Hawkins Couniy. Ten- nessee. 402 U.S 600 (1971). 3 orthern Community Mental Health Center Inc.. 241 NLRB 323 (1979)