Jewish Hospital of Cincinnati

National Labor Relations Board - Board DecisionsApr 2, 1976

223 N.L.R.B. 614 (N.L.R.B. 1976)

614 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Jewish Hospital Association of Cincinnati d/b/a Jewish Hospital of Cincinnati and National Union of Hospital and Health Care Employees, Local 1199-H, RWDSU, AFL-CIO,' Petitioner Jewish Hospital of Cincinnati and International Brotherhood of Firemen and Oilers, Local #49, AFL-CIO, Petitioner.2 Cases 9-RC-10844 and 9- RC-10860 April 2, 1976 DECISION , ORDER , AND DIRECTION OF ELECTION Upon petitions duly filed under Section 9(c) of the National Labor Relations Act, as amended, a consol- idated hearing was held before Hearing Officer Rob- ert J. Weir of the National Labor Relations Board. Following the close of the hearing, the Regional Di- rector for Region 9 transferred this case to the Board for decision. Briefs were filed by the Employer and by the Petitioner in Case 9-RC-10844, National Union of Hospital and Health Care Employees, Lo- cal 1199-H, RWDSU, AFL-CIO (hereinafter Local 1199-H). Amicus curiae briefs were also filed? On August 21, 1975, the Board, having determined that this and a number of other cases in the health care industry presented issues of importance in the administration of the National Labor Relations Act, as amended, scheduled oral argument in this and other cases 4 limited to the issue of the appropriate- ness and scope of a separate maintenance unit in the health care industry. Oral arguments were heard on September 9, 1975.5 Amicus curiae arguments were also heard at that time. The Board, having duly considered the Hearing Officer's rulings made at the hearing, finds they are free of prejudicial error. They are hereby affirmed. Upon the entire record in this case, including the parties' briefs, the oral arguments,6 and the amici briefs, the Board finds: 1 The names of the Employer and the Petitioner in Case 9-RC-10844 aplear as amended at the hearing. Service Employees International Union, Local 158-A, AFL-CIO (here- inafter SEIU), was granted intervention with respect to the petition for a service unit in Case 9-RC-10844 on the basis of a sufficient showing of interest. 7 A brief was filed on behalf of American Hospital Association , the Chi- cago Hospital Council , the Greater Cincinnati Hospital Council , Illinois Hospital Association , and Ohio Hospital Association . A brief was also filed on behalf of California Hospital Association , Hospital Association of Penn- sylvania , New Jersey Hospital Association , and the Association of Delaware Hospitals. 4 Riverside Methodist Hospital, Case 9-RC-10731; St. Joseph Hospital, Case 13-RC-13501; and West Surburban Hospital, Case 13-RC-13562. 5 Member Walther did not participate in the oral argument. 6 The International Union of Operating Engineers presented oral argu- ment as amine curiae. 1. The parties stipulated, and we find, that the Employer is engaged in commerce within the mean- ing of Section 2(5) of the Act and it will effectuate the purposes of the Act to assert jurisdiction herein. 2. The parties stipulated, and we find, that the Pe- titioner in Case 9-RC-10844, Local 1199-H; the Pe- titioner in Case 9-RC-10860, International Brother- hood of Firemen and Oilers, Local #49, AFL-CIO (hereinafter Local 49); and the Intervenor in Case 9- RC-10844, SEIU, are labor organizations within the meaning of the Act. 3. A question affecting commerce exists concern- ing the representation of certain employees of the Employer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the Act. 4. In Case 9-RC-10844, Local 1199-H seeks to represent a unit of service employees, excluding li- censed practical nurses, technical employees, mainte- nance employees, boilerroom employees, physicians, registered nurses, office clerical employees, guards, and supervisors as defined by the Act? In Case 9- RC-10860, Local 49 seeks to represent a unit of pow- erhouse and maintenance employees. The Intervenor at the hearing indicated that it is willing to partici- pate in an election in any unit found appropriate in Case 9-RC-10844.8 The Employer contends that nei- ther of the petitioned-for units is appropriate and that the only appropriate unit consists of all full-time and regular part-time service, maintenance, and tech- nical employees of Jewish Hospital, including li- censed practical nurses, hospital clerical employees, and those employees of the Children's Psychiatric Center and the Women's Auxiliary Fountain and Gift Shops who are employees or coemployees of the hospital. Background Jewish Hospital of Cincinnati is a not-for-profit hospital operated by the Jewish Hospital Association in Cincinnati, Ohio. There are four operational divi- sions of the Association: the hospital proper, the Children's Psychiatric Center, the May Institute (a medical research unit),9 and the nursing school.10 The hospital complex consists of 12 building components. All are connected by adjoining walls with the excep- tion of the May Institute, the Children's Psychiatric Center, and small buildings used for peripheral func- r Local 1199-H initially sought a unit of all service and maintenance employees . At the hearing, it amended its petition to exclude the mainte- nance employees. 8 At oral argument Intervenor urged that the appropriate unit should con- sist of the service and maintenance employees. 9 The parties agree that the employees at the May Institute should be excluded from any unit found appropriate. 10 There is no controversy as to the inclusion or exclusion of any of the employees in the nursing school. 223 NLRB No. 91 JEWISH HOSPITAL OF CINCINNATI 615 tions, e.g., public relations. The unconnected facili- ties are located in an area which formerly comprised eight city blocks. The hospital division is a 612-bed institution which employs 2,000 to 2,200 full- and part-time employees; there are approximately 900 full-time service and maintenance employees. Case 9-RC-10860 Local 49 seeks to represent all employees in Employer's engineering department consisting of ap- proximately 50 powerhouse and maintenance em- ployees. The engineering department is one of 20 de- partments of the hospital. Most of the engineering department offices and shop areas are located on the lowest level of the hospital ("C" floor). Also located on this floor are the housekeeping department, a religious ceremony room, and a small patient area. The boilerroom and the air-conditioning and ma- chinery rooms are located on the next floor ("B" floor) adjacent to the general services department. Department employees share common entrances, stairways, elevators, and timeclocks with other hospi- tal employees. The engineering department is headed by a chief engineer . Assisting the chief engineer are the associ- ate chief engineer, the project coordinator, the engi- neering aide , and an office clerical employee. These individuals were stipulated by the parties to be either supervisory, managerial , or confidential personnel. The department is divided into nine shops: (1) the power plant or boilerroom, (2) the mechanical shop (plumbing), (3) the paint shop, (4) the electrical shop, (5) the electronics shop, (6) the carpentry shop, (7) the air-conditioning shop, (8) the storeroom, and (9) the grounds crew. Each of these shops is headed by a leadman or foreman. There is also a leadman in charge of a skeleton crew of four employees who work at night. Local 1199-H and the Employer agree that the shop leadmen are supervisors within the meaning of the Act, while Local 49 took no position as to their status. Employer has the following classifications " in the shops in the engineering department: (1) power plant-four licensed firemen and four licensed sta- tionary engineers; (2) mechanical shop (plumb- ing)-five mechanics and one junior mechanic; (3) paint shop-five painters; (4) electrical shop-seven electricians, a junior electrician, a helper, and a part- time electrician specializing in visual aids work;12 (5) electronics shop-two electronics technicians II, three electronics technicians I, and two Cincinnati Techni- cal Institute students working part time as part of their degree requirements; (6) carpentry shop-six carpenters; (7) air-conditioning shop-three qualified air-conditioning mechanics, one mechanic, and four junior mechanics; (8) storeroom-a junior mechanic (whose main duties include dispensing department supplies, requisitioning supplies, and making en- graved signs) and a mechanic-locksmith; (9) grounds crew-three gardeners; and (10) night crew-an air- conditioning mechanic and three mechanics. Approximately 90 percent of the engineering de- partment employees are in the same pay groups as admittedly technical or professional employees, e.g., advanced licensed practical nurses, registered X-ray technicians, and registered nurses. Only one job clas- sification at this level, purchasing department print- er, is within the unit sought by Local 1199-H. Engineering department employees are recruited and screened by the Employer's personnel depart- ment, as are all other employees. All hospital em- ployees, including engineering department employ- ees, have the same orientation program; they share the same fringe benefits, e.g.; hospitalization and life insurance, drug discounts, cafeteria privileges, vaca- tions, holidays, and sick leave. All employees share the same parking facilities, entrances, timeclock de- vices, elevators, and cafeteria. Most engineering de- partment employees begin work at 7:30 a.m. and work a regular 8-hour shift. However, the boilerroom operates on a 24-hour-per-day, 7-day-per-week schedule and the night crew works from 3:30 p.m. until midnight. All engineering department employ- ees wear charcoal gray uniforms, except the painters, who wear the traditional white overalls. Engineering department employees can bid on job openings in other hospital departments. Since the Employer implemented a job-posting system in Feb- ruary 1972, three employees from hospital depart- ments have bid on and been hired for engineering department positions, and two engineering depart- ment employees have been transferred to other hos- pital departments. There is no evidence of temporary transfers. The majority of engineering department employees have frequent contact with service em- ployees, spending approximately 70 percent of their working time outside their shops in other hospital areas." In performing repair and maintenance work throughout the hospital, engineering department em- ployees are required to coordinate their work with service and other employees. They are often assisted by service employees, especially housekeeping de- 11 These catagories include a leadman in each shop. 12 The parties stipulated that the visual aids electrician should be included in any unit which includes the electrical shop employees. 13 Some engineering department employees (e.g., the painters and the electrician assigned to the laundry room ) spend almost all of their time outside the maintenance department. 616 DECISIONS OF NATIONAL LABOR RELATIONS BOARD partment employees, in moving furniture and equip- ment . However, there is little supervision of engineer- ing department employees by nonengineering depart- ment personnel except to the extent that all hospital employees, during times of emergency, are subject to the direction of the medical and nursing staffs. Dur- ing the afternoon and evening shifts, the engineering department employees are under the direct authority of the nursing supervisor, who acts as a representa- tive of the hospital management. Nursing staff may direct engineering department employees as to the need for and priority of repair jobs, but never as to the manner in which they are to be carried out. Engi- neering department supervisors have no authority over other hospital employees. Approximately 90 percent of the engineering de- partment employees are journeyman level craftsmen. However , the department also has several unskilled and semiskilled laborers, e.g., the grounds crew em- ployees, the electricians' helpers, the junior electri- cian, and the junior mechanic. While the Employer would prefer to hire journeyman level craftsmen, many of the department's present employees were hired as helpers or apprentices and promoted as they acquired on-the-job training and experience. Al- though the department is charged with the responsi- bility of maintaining the physical integrity of the hos- pital grounds and buildings, many major repairs, e.g., repair of the elevators and overhaul and repair of various engines, motors , and pumps, etc., are con- tracted to outside contractors. Also, most business machines and laboratory equipment are serviced pursuant to contracts with the vendors. There is no evidence of collective bargaining at Jewish Hospital and only minimal evidence as to bargaining in area hospitals.14 Employer and amici favoring Employer's position urge the Board to reject all maintenance units as in- appropriate in hospitals. They point to the congres- sional admonition against undue proliferation of bar- gaining units as a statement of congressional desire which precludes the further fragmentation which would result if maintenance units are found appro- priate. They urge that the addition of the mainte- nance unit to the units already permitted in hospitals will constitute a critical interference with health care services. Local 1199-H, Local 49, and the amici fa- voring their position urge the Board to apply As tra- ditional standards in this area. In other decisions, we have discussed at length the legislative history of the health care amendments. As we have recognized, and continue to recognize, our 14 Local 49 does represent a unit of 13 powerhouse and maintenance employees at Drake Hospital , a government supported hospital for the chronically ill. consideration of the issues related to the composition of bargaining units in the health care industry must necessarily take place against the background of avoidance of undue proliferation-" However, Con- gress left the matter of the determination of appro- priate units to the Board,16 and the desire for non- proliferation does not, in our judgment, necessarily preclude our granting maintenance units in the health care area. Congress was aware that the Board has sometimes found that a separate maintenance unit is appropriate if the maintenance employees possess a community of interest sufficiently separate and distinct from the broader community of interest which they share with other employees to warrant their inclusion in a separate unit." Yet, it did nothing to preclude our granting such units . Congress in fact rejected Senator Taft's suggestion that maintenance employees should always be combined with service employees into a single unit.'8 We have carefully considered all the arguments and conclude that a maintenance unit may be appro- priate if an application of the Board's traditional standards, viewed against the congressional admoni- tion against the undue proliferation of units, estab- lishes that the employees have a sufficiently separate community of interest to warrant such a finding. Employer and amici favoring Employer's position assert that even under an application of the Board's traditional standards the maintenance unit sought herein is inappropriate. We agree. In determining whether a sufficiently separate community of interest exists , the Board looks to such factors as mutuality of interests in wages and hours; commonality of supervision; skills and functions; in- frequency of contact with other employees; lack of interchange and functional integration; and area practice and patterns of bargaining. Here, an exami- nation of these factors establishes that maintenance employees do not have a sufficiently separate com- munity of interest to warrant a finding that a sepa- rate unit is appropriate. Engineering department em- ployees share common working conditions and benefits with all hospital employees; share common general supervision during the evening and night shifts; are commonly hired with other employees; work throughout the hospital, spending a large per- centage of their time in contact with other employ- ees; transfer to service jobs and vice versa; and, in 15 See e .g., Mercy Hospitals of Sacramento, Inc., 217 NLRB No. 131 (1975). 16/d 17American Cyanamid Company, 131 NLRB 909 ( 1961); cf. Monsanto Company, 183 NLRB 415 ( 1970). 's Senator Taft's bill (S . 2292 , 93d Cong., 1st sess. ( 1973)) provided for no more than four appropriate bargaining units in the health care industry: (I) all professional employees; (2) all technical employees; (3) all clerical em- ployees; and (4) all service and maintenance employees. JEWISH HOSPITAL OF CINCINNATI 617 some cases , perform duties similar to those per- formed by service employees.19 While engineering de- partment employees do not provide any direct health care services, in many instances the ability of the hospital to provide the patient care services is depen- dent on the maintenance employees making neces- sary repairs to equipment. There is a wide disparity of skill level and function in the engineering depart- ment , with the department employees ranging from unskilled laborers to journeyman level craftsmen.20 It is true that most engineering department employees are at the journeyman level performing functions somewhat different from those of most hospital em- ployees and this factor tends to favor the estab- lishment of a separate unit. However, hospitals are composed of a number of departments each of which, in a general sense , could be said to be made up of skilled employees performing duties which are functionally distinct. The real question is whether the distinctions between engineering department em- ployees and the employees in other departments show such separate interests as to warrant granting engineering department employees a separate unit while not permitting skilled employees in other de- partments the same privilege. In the absence of any other factors which favor a separate unit, we find that they do not. At times Member Fanning appears to be asserting that maintenance employees should be considered technical employees. It is clear that maintenance em- ployees do not possess the specialized training, skills, education, and job requirements which would war- rant a finding that they are technical employees. Even were we to find them technical employees, it is still highly doubtful that we would find a separate maintenance unit appropriate. Rather, in that cir- cumstance, it would appear that the maintenance employees would be included in a unit with other technical employees. Basically, Member Fanning is urging here, as he has urged in the past with respect to other industries, that the differences in functions of the maintenance employees, together with their relatively high level of skills, are sufficient to warrant a finding that they are entitled to a separate unit despite virtually anything else which would demonstrate that they do not have a community of interest separate from that of the other employees. As we have noted, the factors relied on by Member Fanning are important. However, where the other factors as discussed above demon- strate that the maintenance employees do not in fact have a separate community of interest, we will not 19 I.e., the grounds crew performs functions similar to the housekeeping department's. e There is no established area practice and pattern of bargaining. find such a unit appropriate. Therefore, we find that the engineering depart- ment employees do not comprise a homogeneous grouping of employees possessed of interests suffi- ciently distinct from the other employees to consti- tute a separate unit?' As the Petitioner has stated that it does not wish to participate in an election in a broader appropriate unit, we shall dismiss the peti- tion in Case 9-RC-10860. Case 9-RC-10844 Local 1199-H seeks a unit limited to the service employees. Employer asserts , inter alia, that there is such an overwhelming community of interest be- tween the service employees sought and the mainte- nance and technical employees that the only appro- priate unit is an overall unit of service, maintenance, and technical employees. We have already found that the maintenance em- ployees share a community of interest with the em- ployees in the unit of service employees sought by Local 1199-H and do not have a sufficiently separate community of interest to warrant finding a separate appropriate. bargaining unit . Therefore, we shall in- clude the maintenance employees in the unit sought by Local 1199-H. The Employer would also include technical em- ployees, including the licensed practical nurses, in the unit. The Board has, in cases involving health care institutions, recently indicated it will not nor- mally compel the inclusion of technical employees in a unit composed of service and maintenance employ- ees." We see no reason herein to deviate from prece- dent to require the inclusion of the technical employ- ees in the service and maintenance unit. Local 1199-H contends that the employees in the Women's Auxiliary Fountain and Gift Shops should be excluded. The Employer contends that these em- ployees should be included, arguing that Jewish Hos- pital is at least a joint employer of the fountain shop and gift shop employees due to the shared premises and the hospital's "substantial authority in determin- ing labor relations policy." 21 In Miami Inspiration Hospital, Inc., 175 NLRB 636 (1969), relied on by Member Fanning, the parties agreed that a unit of the electrical and me- chanical employees was appropriate . Thus, although the Board made some additional comments as to the merits of the unit , these comments were mere dicta. It is well settled that the Board will give effect to the agreements of the parties with respect to units where such agreements do not contravene the purposes of the Act or settled Board policy. See, e.g., Otis Hospital, Inc., 219 NLRB 164 (1975); Meharry Medical College, 219 NLRB 488 , In. 6 (1975). 22 Newington Children's Hospital, 217 NLRB No. 134 ( 1975); Nathan and Miriam Barnert Memorial Hospital Association d/b/a Barnert Memorial Hos- pital Center, 217 NLRB No. 132 (1975); Mercy Hospitals of Sacramento, Inc.. 217 NLRB No. 131 (1975); Trumbull Memorial Hospital, 218 NLRB 796 (1975). 618 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The fountain shop and gift shop are operated ex- clusively by the Women's Auxiliary to the Jewish Hospital . The Auxiliary is an affiliate of the Jewish Hospital Association ; it receives no moneys from the hospital and is charged for all supplies and services, including labor, furnished by the hospital. The Foun- tain and Gift Shops are located on hospital premises; there is no indication that the Auxiliary pays a rental for the facilities , but it paid for the construction of the premises it occupies . The Auxiliary functions en- tirely for the benefit of the hospital and donates its annual profits to the hospital, usually by way of gifts. For example, in 1974 the Auxiliary paid for the air- conditioning of the employee cafeteria. The Employer has no authority over the opera- tions of the Women 's Auxiliary, although there is coordination and cooperation to the extent necessary to avoid interference with patient care. The Auxiliary's accounting and bookkeeping is separately maintained by personnel employed by the Auxiliary. Services and merchandise provided by the Auxiliary are not billed on the patients ' hospital accounts. Auxiliary employees are on the hospital payroll and the Auxiliary reimburses the hospital. All other serv- ices and merchandise are paid for by the Auxiliary directly on its own checking account. There are 10 full-time and 6 part-time employees in the fountain shop and 2 full-time and 3 part-time employees in the gift shop . There are also volunteers in both places. Auxiliary employees are recruited and screened by the hospital personnel office , which also maintains their personnel records. They undergo the same orientation as hospital employees ; are required to have a physical examination and are subject to a security check , as are hospital employees ; use the same time-in devices as hospital employees; wear the regular hospital employee identification badges; and enjoy the same cafeteria and parking privileges. However, volunteer workers receive these latter privi- leges also. The Auxiliary tries to provide its employ- ees with the same vacation , holiday, and insurance benefits received by the hospital 's employees and, in fact, they are included in the hospital's unemploy- ment compensation and health insurance plans. However, the Auxiliary sets its own policies, inde- pendently of the hospital , as to wage scales , promo- tions, performance evaluations , discipline, fringe benefits, and other terms and conditions of employ- ment . Fountain shop employees, for example, can receive and accept gratuities (tips). The managers of the fountain and gift shops decide the staffing sched- ules of the fountain and gift shops independently of the Jewish Hospital administration . Auxiliary employees can and do bid on posted hospital job openings . Since the job-posting system was imple- mented in February 1972, three fountain shop em- ployees (waitresses) have transferred to the following hospital positions: laundry helper (1) and housekeep- ing maid (2). There are a number of aspects of the relationship which suggests that the Auxiliary and the Employer are joint employers; however, as noted above, the Auxiliary independently and autonomously de- termines wages and terms and conditions of employ- ment for the fountain shop and gift shop employees. In view of this, we conclude that the Auxiliary and the Employer are not joint employers and that those employees should therefore be excluded from the pe- titioned-for unit. Local 1199-H contends that all employees of the Children's Psychiatric Center (herein CPC) should be excluded, while Employer contends that those em- ployees of CPC who are on the hospital payroll should be included. CPC, one of the four divisions of the Jewish Hospital Association, is an institution for the diagnosis and treatment of psychologically dis- turbed children. The CPC is a joint activity of the Hospital Association and the University of Cincin- nati College of Medicine, pursuant to a formal affili- ation agreement . The CPC programs include inpa- tient care, a day hospital, and a preschool prevention program. The center is located in a separate building approximately 200 yards from the hospital complex, across a city street. The CPC is funded substantially by political subdivisions which, as a result, have varying control over its labor and personnel policies and procedures. For instance, the 1975 operating budget of the CPC was approximately $980,000. Of this amount, Jewish Hospital contributed only $91,000 of which only $2,800 was cash and the re- mainder was in the form of subsidy for utilities and services . The Employer' s contributions to CPC come from a special fund restricted to CPC operations and financed by grants and donations through fund-rais- ing activities especially for the CPC. The amount of Employer's contributions is determined by the bud- getary deficit not funded by outside sources, such as the Community Chest, Federal and county funds, etc. The board of trustees of the Jewish Hospital As- sociation has limited the amount of funding by the hospital to $100,000 per budget year. If the CPC's deficit should be greater than that amount, it would have to reduce some of its programs and services. Several budgets are prepared for the Center and sub- mitted for approval to the board of trustees, the Cen- tral Community Health Board (Federal program), the Community Chest, the Federal Government, and the Hamilton County Board of Mental Health and Mental Retardation . The Employer has primary re- sponsibility for overseeing the operations at the CPC JEWISH HOSPITAL OF CINCINNATI as they relate to the hospital. The Employer bills the CPC for utilities and for many of the services provid- ed, e.g., maintenance, including parts and labor; housekeeping services; and purchasing department services . However, the CPC is not billed for the serv- ices of the personnel department with respect to re- cruitment and hire or for accounting department services, administrative services, or security (guard) services. There are approximately 80 employees at the CPC. They can be divided into three groups: (1) those who receive paychecks directly from a political subdivi- sion ; (2) those whose compensation is entirely paid for by Jewish Hospital; and (3) those employees who receive Jewish Hospital paychecks but whose com- pensation, wage rates, and job entrance requirements are set by one of several political subdivisions (herein referred to as combination payroll employees). Em- ployees have been shifted from one payroll to anoth- er depending on the funding available. At the hear- ing, the parties stipulated that group 1 employees should be excluded from any unit. Any CPC employee, irrespective of payroll, is enti- tled to Jewish Hospital employee cafeteria and phar- macy discounts. CPC employee may bid on a hospi- tal job, and a hospital employee may bid on a CPC job. Since February 1972, four hospital employees have bid on and been transferred to CPC positions. Any CPC employee is entitled to emergency and per- sonnel health facilities and services. CPC employees are supervised without regard to their or their super- visors' payroll status. There are no functional distinc- tions with respect to job duties, supervision, etc., made between employees based on their payroll status. Group 2 employees (approximately 14) share the same personnel policies, fringe benefits, sick leave and vacation schedules, wage scales, and job classifi- cations as other Jewish Hospital employees. As to group 3 employees, the Employer merely acts as a conduit in issuing to them Jewish Hospital paychecks. Their salaries, job entrance requirements, insurance, and other fringe benefits are determined by the government funding agency. While the hospi- tal provides these employees with certain fringe ben- efits, wherever the hospital's benefit programs differ significantly from the benefits offered by the funding agency the hospital must conform the benefits given to the combination payroll employees to those of the political subdivision. For example, certain combina- tion payroll employees whose compensation is fund- ed by the Hamilton County Board of Mental Health and Mental Retardation receive vacation and holi- day benefits determined by Hamilton County rather than those provided to Jewish Hospital employees. 619 These employees have two classifications, one decid- ed by the funding agency which determines the job entrance requirements and one decided by Employer for payroll purposes. The CPC employees perform all of their job duties at the Center. They seldom eat in the hospital em- ployee cafeteria. Except for engineering department employees, hospital employees rarely have occasion to visit the CPC. In view of the physical separation, the shifting of employees from one payroll group to another, and the infrequency of employee contact and interchange with hospital employees, we conclude that the em- ployees at the CPC do not share a sufficient commu- nity of interest with hospital employees to warrant their inclusion in the unit found to be appropriate herein. Accordingly, we shall exclude them from the unit. Thus, we find that the appropriate unit consists of the service and maintenance employees, excluding technicals, the employees of the Women's Auxiliary Fountain and Gift Shops, and the Children's Psychi- atric Center. Remaining for consideration are a num- ber of unit placement issues. The parties agree that the following employees are not service employees although the parties, because of differing positions as to the inclusion of technicals in the unit, did not stipulate to their exclusion from the unit sought: radiologic technologists, registered and nonregistered; laboratory medical technologists, registered and nonregistered; licensed physical thera- pists; licensed practical nurses; senior diet techni- cian; operating room technicians; nursing assistants; and the medical photographer (a registered medical laboratory technologist). Since they are not service employees, we shall exclude them from the unit. Re- maining for consideration as to unit placement are the following classifications: Medical record technicians: There are six medical record technicians in the Employer's medical records department?' Two technicians work with the Utiliza- tion Review Committee. They review the patients' records to see that procedures and hospitalization duration meet standards set by the physicians sitting on the committee. In performing this function, the technicians must be able to recognize normal labora- tory test results, the treatment required for specific diagnoses, etc. Two technicians primarily abstract and code for computer input information as to diag- noses, surgery, and treatment. The remaining techni- cian handles correspondence relating to patient med- ical records. All of the technicians presently 23 One technician, the department office manager, was stipulated to be e-a supervisor. 620 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employed have completed a 2-year college program or a correspondence course, and are accredited, meaning they have satisfactorily completed a nation- ally administered examination in medical records technology. Having passed this examination, they sign their names A .R.T. for Accredited Record Tech- nician . Three of the technicians have associate de- grees . The Employer requires formal training for hire into this position. The required educational course includes anatomy, medical terminology , statistical re- porting, the legal aspects of medical records, and coding of diseases and procedures for computer ab- straction and statistics. We find that the medical records technicians are technical employees based on their job duties, skills, national accreditation, and the formal education re- quirements for the position. Accordingly, we shall ex- clude them from the unit. Respiratory therapy technicians: The 25 employees in this classification administer pulmonary (breath- ing) therapy, pursuant to specific doctors' orders. This function entails installing oxygen equipment in the patients' rooms, attaching oxygen dispensing de- vices to patients, monitoring the oxygen flow to the patient, and setting up and operating breathing ma- chines by adding medications, fluids, and gases, etc. Thirteen of these employees have been certified by the American Association of Respiratory Therapy. To obtain such certification, they must have 1 year of formal schooling and on-the-job experience, in addi- tion to satisfactory completion of a nationally given examination . Prior to January 1, 1975, 2 years of on- the-job training was the only prerequisite for taking the examination . Assignments are made on the basis of demonstrated ability rather than on the basis of certification. Since a number of these employees are certified and the noncertified employees perform the same work as those that are certified , we shall ex- clude all respiratory therapy technicians as technical employees? Special ECG technician: The employee in this clas- sification , in addition to training regular electrocardi- ogram technicians '21 performs special cardiography procedures and ordinary electrocardiograms on emergency room patients. A regular ECG technician could be trained on the job to perform these addi- tional duties in a period of 6 months to 1 year. The special ECG technician received all of her training on the job. She has been an employee for many years, and served in the past as a supervisor. Her 24 William W. Backus Hospital, 220 NLRB No. 107 (1975). u Petitioner Local 1199-H does not contend that the 25 electrocardio- gram technicians are technical employees . Their job duties and training are comparable to those of the electrocardiogram technicians found to be non- technical employees in Barnert Memorial Hospital Center, supra. performance evaluations are done by the head of the department, a physician, rather than by the electro- cardiogram technician supervisor. The Employer would replace this employee by training a regular ECG technician. We conclude that the special ECG technician is not a technical employee. She has a sub- stantial identity in terms of function and salary with the regular ECG technicians; the job entrance re- quirements require no formal schooling; and there is no certification, registration, or licensing required or available. Accordingly, we shall include the special ECG technician in the unit. Electroencephalogram technicians (EEG techni- cians): The two employees in this classification were tranined on the job for a period of 3 to 6 months. Although certification by a private organization is now available, certification is not a requisite for hire and neither of the Employer's EEG technicians is certified. Since these employees require only a short period of training, we find that the EEG technicians are not technical employees, and therefore shall in- clude them in the unit. Intravenous infusion technicians (IV technicians): The 12 employees in this classification insert needles for the purpose of starting and maintaining an intra- venous infusion of fluid. They are supervised by a lead IV technician who reports to one of the assistant directors of nursing. The only other personnel al- lowed to start intravenous infusions are registered nurses, who have been specially trained to perform this function, and physicians. The Employer would require a new hire to be a high school graduate, preferably with experience in starting infusions. All of the present employees in this classification have military medical corpsman training and the neces- sary experience. A high school graduate without such training could become proficient in the required du- ties in a period of 2 to 3 months. Since there is no formal course of study or certification required or available and employees can perform these functions after a relatively short period of training, we find that the IV technicians are not technical employees, and should be included in the service and maintenance unit. Operating room technicians (OR technicians): There are 41 employees in this classification, 12 of whom are advanced licensed practical nurses. Their duties include scrubbing the arms and hands of operating room personnel; handing instruments and sponges to the operating surgeon; and checking to see that all the necessary supplies and equipment are in the room and that the patient is correctly positioned. Completion of a 6-month training course is required to work as an OR technician. The American Operating Room Association certi- JEWISH HOSPITAL OF CINCINNATI 621 fies OR technicians with the requisite experience who successfully take an examination. Approximately 75 percent of the Employer's OR technicians have such certification, which is not a requisite for hire. There is no difference in job duties or pay based on certifica- tion. Since the OR technicians have completed a for- mal 6-month training course and 'a majority have been certified, we conclude that they are technical employees. Therefore, we shall exclude them from the unit. Emergency service technicians (ES technicians): The ambulatory services department of the hospital has 11 ES technicians. The ES technicians are used inter- changeably with LPN's in the emergency room. The ES technicians are in the same pay group as LPN's and receive the same shift differential for swing and night shifts as LPN's. For employment in this classi- fication, an employee must either have experience as a medical corpsman or have completed a 2-year period of informal on-the-job training, during which time specific procedures and techniques are taught by registered nurses , the instructor in the ECG department, etc. During the training period, these employees are classified as emergency service trans- porters. Due to their salary level, the type of experience and training required for the position, and the fact that they perform all the same duties as emergency service LPN's, we find that the ES technicians are technical employees. Therefore, we shall exclude them from the unit. Disputed Clericals At the hearing, Local 1199-H sought to exclude all clericals. It now agrees that Board precedent requires inclusion in the service and maintenance unit of all those clerical employees located geographically throughout the hospital whose work and working conditions are materially related to unit work.26 Lo- cal 1199-H and the Employer now are in agreement that only business office clericals should be excluded. The parties disagree , however, as to whether certain clerical employees are hospital clericals or business office clericals. Medical records department: The medical records department has four junior secretaries , one senior clerk, and six junior clerks. These employees are re- sponsible for the assembly, sufficiency, filing, and re- trieval of those records documenting the patient's medical history, condition, and treatment while in the hospital. There are also three medical-surgical transcriptionists who type all the reports dictated by 26 See, e .g., Newington Children's Hospital, supra. physicians. The majority of the medical records de- partment employees, described above'21 perform their functions within the department.21 The depart- ment is staffed 24 hours per day. The functions and purpose of these employees are more closely related to those of the service employees than to those of the employees performing primarily business functions.29 Therefore, we shall include the medical records department clerks in the service and maintenance unit. Admitting office: The admitting office is located on the "A" level of the hospital near ambulatory serv- ices, the operating rooms, and the clinical admissions laboratory. The overall operation of the department is the responsibility of the chief admitting officer. She reports directly to one of the hospital's three admin- istrative directors. The department is in no way sub- ordinate to the comptroller or the accounting depart- ment. The department is not involved in the patient's financial or insurance arrangements. There are 22 employees in this department, 7 of whom are classified as messengers and 4 of whom work in the hospital lobby at the information desk. The duties of the clerical employees who work as admissions clerks include collating data obtained from the attending physician and preadmission forms received from patients, typing this information onto forms which become part of the patients' medi cal charts,, conducting interviews with the patients when they enter the hospital, and making room as- signments according to patient condition and prefer- ence . The admitting clerks work on a 24-hour-per- day rotating schedule. The four department employ- ees who work at the information desk keep records of patient admissions and discharges, direct patients to different departments, keep records of the conditions of the patients, and provide visitors and callers with patients' room numbers and phone numbers. The information desk is manned from 8 a.m. until 9 P.M. There are seven employees (two full-time, five part-time) in the admitting office who are classified as messengers . These employees escort new patients to their assigned rooms, take their (patient) charts to the unit clerks, and provide escort service when the patient is discharged?° Two messengers function as mail clerks. They pick up all hospital mail at the post office every morning, sort the mail, deliver the mail 27 There are additionally six medical records technicians , whom we have excluded from the unit because they are technical employees. 28 One of the department employees delivers typed physicians ' reports to the nursing station and files them in the patients' charts as a regular duty. This employee also delivers patients ' records to the nursing stations or the emergency room upon request. 29 See Backus Hospital, supra. 30 A nursing station employee notifies the department when a patient is being discharged. 622 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to the various departments, and pick up outgoing mail. One of these employees sorts the mail in an area near the loading dock in the purchasing depart- ment. He also works as a patient escort from 7 a.m. until 8 a.m. Another messenger employee is responsi- ble for delivering packages and flowers to patients. Three part-time messengers also have mailroom duties. They run all hospital mail through the postage machine and charge the appropriate departments. The mailing machine is located in the admitting of- fice. We find the admitting office employees to be with- in the unit. The messengers and mail clerks clearly perform nonbusiness office functions and are not of- fice clerical employees. The admission clericals like- wise perform functions materially related to unit work, have substantial contact with the patients and unit employees, and "work primarily with patients' records rather than the materials with which business office employees deal." 31 Purchasing department: The parties agree that the printer and the four stockroom clerks are properly included in the unit sought by Local 1199-H but dis- agree as to the six senior clerks. The duties of the six senior clerks are as follows: the inventory clerk main- tains the records regarding inventory levels; the re- ceptionist greets visitors to the department and di- rects them to the proper personnel, answers the phone, and assists in the typing of routine purchase orders; the expeditor maintains files on unfilled pur- chase orders to insure that supplies and equipment are received when needed; the two invoice clerks compare invoices against receiving reports and pur- chase orders; and the clerk typist acts as the secre- tary to the assistant director of purchases. The inven- tory clerk works in the stockroom office and her records regarding inventory levels are based on infor- mation supplied by the stockroom clerks. We find that the clerical employees in the purchasing depart- ment are properly included in the unit because of the integration of function with employees properly stip- ulated to be within the unit.32 Communications department: The communications center is located on the "B" floor, along with the purchasing department, the dietary department, and various laboratories. The chief telephone operator supervises all the department employees. There are six full-time employees, one part-time employee, and one on-call employee. They answer all outside tele- phone calls, direct the calls to the proper depart- ments, page personnel, and transfer interdepartment calls. They also have remote control over hospital 3 1 Backus Hospital, supra. 32 See St. Catherine 's Hospital of Dominican Sisters of Kenosha, Wisconsin, Inc., 217 NLRB No. 133 ( 1975). entrances and monitor visitors to the hospital after 9 p.m. They perform all of their functions within the department. In previous hospital cases, we have ex- cluded these employees as business office clericals." We perceive nothing herein which requires a differ- ent result. Accordingly, we shall exclude them from the unit. Medical library: The assistant to the medical librar- ian 34 locates library materials, primarily for physi- cians and professional employees; types and files; answers the phone; shelves books and publications; records the receipt of books and publications; types overdue notices; and delivers requested materials to individuals throughout the hospital. Employer would require a new hire for this position to be a high school graduate with typing skills and preferably of- fice experience. The functions of the assistant to the medical librarian require frequent contact with pa- tient care employees. Therefore, we shall include her in the unit. Part-Time Employees The Petitioner and Employer agree that those part- time employees regularly scheduled to work 20 or more hours per week in classifications within the unit should be eligible to vote.35 The parties disagreed as to whether certain student employees should be in- cluded in the bargaining units. We agree with Local 1199-H that those part-time personnel who are ful- filling educational and training course requirements by working in the hospital should be excluded. How- ever, there is insufficient evidence to determine which part-time employees are eligible to vote. If the parties are unable to agree as to the status of any particular employees, such employees may vote sub- ject to challenge. Supervisory Issues Most supervisory issues were resolved by agree- ment of the parties. The supervisory status of only eight individuals remains in controversy: the six housekeeping supervisors, the seamstress supervisor, and the laundry relief manager. Housekeeping supervisors: Each housekeeping su- pervisor is responsible for the work of 12 employees. They direct their work and have the authority to require that it be redone if it was not done satisfacto- rily. They change assignments, participate in perfor- 33 See , e.g., Saint Anthony Center, 220 NLRB No. 139 (1975). 30 The parties stipulated that the medical librarian was to be excluded from the unit as a professional. 35 Part-time employees who are regularly scheduled to work 20 or more hours per week receive the full complement of employee fringe benefits, including vacation , on a pro rata basis. JEWISH HOSPITAL OF CINCINNATI 623 mance evaluations, and attend supervisory meetings. Employees are subject to discipline for failure to follow the directions of the housekeeping supervisors. We find that housekeeping supervisors have the authority responsibly to direct employees and there- fore are supervisors within the meaning of the Act. Seamstress supervisor and laundry relief manager: The record is insufficient to enable us to make a de- termination as to the status of these individuals. Ac- cordingly, we shall permit them to vote subject to challenge. On the basis of the foregoing, and numerous stipu- lations entered into by the parties, we find that the following employees constitute a unit appropriate for purposes of collective bargaining within the meaning of Section 9(b) of the Act: All full-time and regularly scheduled part-time service and maintenance employees, including nursing attendants, unit clerks, admitting clerks, dietary employees, housekeeping employees, en- gineering department employees, GU techni- cians, OB specialty technicians, medical records clerks, medical-surgical transcribers , assistant medical librarian, ECG technicians, special ECG technician, EEG technicians, diet techni- cians, animal technicians, laundry department employees, central service clerks, central service technicians, tray assembly supervisor, salad su- pervisor, bake shop supervisor, dishroom super- visor, sanitation supervisor, dietary stockroom supervisor, cafeteria cashier, recreational aides and coordinator, respiratory therapy assistant, physical therapy attendants, purchasing depart- ment clerks, purchasing department stockroom clerks, and printer, employed by the Jewish Hos- pital Division and the School of Nursing of the Jewish Hospital Association at the facilities lo- cated at 3200 Burnet Avenue, Cincinnati, Ohio; but excluding all professional employees; tech- nical employees; business office clerical employ- ees; those employed in administration, per- sonnel , public relations, communications, accounting, data processing, and credit union; Women's Auxiliary employees; Children's Psy- chiatric Center employees; temporary employ- ees; confidential employees; guards and supervi- sors as defined in the Act 36 [Direction of Election omitted from publication.] 37 36 Since the inclusion of certain additional classifications changes the composition of the unit initially sought , the Petitioner may have an inade- quate showing of interest . In these circumstances , we direct Petitioner to notify the Regional Director by April 22 , 1976, whether it wishes to proceed to an election , and, if so, to submit at that time such additional showing of interest as may be required to support its petition. IT IS HEREBY FURTHER ORDERED that the petition in Case 9-RC-10860 be, and it hereby is, dismissed. CHAIRMAN MURPHY, concurring in part and dissent- ing in part: I disagree with the majority opinion insofar as it finds that, in the circumstances of this case, the maintenance department employees may not consti- tute a separate appropriate unit as sought in Case 9- RC-10860 and that only an overall unit of service and maintenance employees may be appropriate. I would find on the record before us that the employ- ees in the maintenance department have separate in- terests justifying the establishment of a departmental unit in view of their separate supervision, functions, and conditions. However, I agree with the majority's findings in other respects concerning the unit placement of the various disputed categories as far as the service em- ployees are concerned.38 MEMBER PENELLO, concurring in part and dissenting in part: For the reasons set forth in my concurring opinion in St. Vincent's Hospital, 39 I concur in the decision reached by my colleagues in Case 9-RC-10860 to dismiss the petition for a unit of engineering depart- ment employees. Based on the dissenting opinions in Nathan and Miriam Barnert Memorial Hospital Association d/b/a Barnert Memorial Hospital Center, 40 and in Newing- ton Children's Hospital, 41 I dissent from the decision of my colleagues, in Case 9-RC-10844, to exclude technical employees from the service and mainte- nance unit. Mindful of the congressional mandate, as evidenced by the legislative history preceding the passage of the 1974 health care amendments to the National Labor Relations Act,42 to avoid prolifera- tion of bargaining units in the health care industry, I would require, unlike my colleagues, that all techni- cal employees be included in the unit. 37 [Excelsior footnote omitted from publication.] 38 In view of the various positions taken concerning the service and main- tenance unit in this case-i.e., Members Jenkins and Walther agree that a service and maintenance unit excluding technical employees is appropriate, Member Penello finds appropriate only a service and maintenance unit including technical employees , and Member Fanning and I find appropriate separate units , one of maintenance employees and one of service employees excluding technicals-it is apparent that there is no majority agreement on a unit in which an election involving these employees should be held. Under these circumstances , and, more importantly , in order to get this case out and to accord the employees an opportunity to determine whether or not they wish to be represented for collective bargaining , I join with Members Jen- kins and Walther in directing an election in the service and maintenance unit with the exclusion of technicals. 39223 NLRB 638 (1976). 40217 NLRB No. 132 (1975). 41 217 NLRB No. 134 (1975). 42 S. Rept . 93-766, 93d Cong., 2d sess . 5 (1974); H. Rept . 93-1051, 93d Cong., 2d sess . 7 (1974). 624 DECISIONS OF NATIONAL LABOR RELATIONS BOARD MEMBER FANNING , dissenting: The record demonstrates that the employees in the engineering department possess a sufficient commu- nity of interest in and amongst themselves, apart from all other employees, to warrant their estab- lishment as a separate unit . Accordingly, I would di- rect an election in the powerhouse and maintenance employee unit sought by Local 49 in Case 9-RC- 10860 and in the service employee unit sought by Local 1199-H in Case 9-RC-10844. I note that my colleagues apparently agree with me that in enacting the "health care" amendments Con- gress, though it admonished against an "undue pro- liferation" of bargaining units in this industry, left the determination of such units to the discretion of the Board and did not preclude the establishment of a maintenance unit. Clearly, Congress had no such intention. As my colleagues state, Congress was aware that the Board will find separate maintenance units appropriate in the industrial sector under ap- propriate circumstances , but Congress did nothing to preclude such units and even rejected Senator Taft's proposal to require the inclusion of maintenance em- ployees with service employees in the health care in- dustry. Representative Thompson, chairman of the House Special Subcommittee on Labor and cospon- sor of the amending legislation, was particularly un- ambiguous in his analysis of undue proliferation con- siderations vis-a-vis craft and craft and departmental units . In his remarks in the legislative history, he states that: With respect to the question of bargaining units, the committee stressed its concern with preventing an undue proliferation of bargaining units in the health care industry. The committee cited certain Board decisions in the health care industry which would reflect the statutory man- dates. By so doing, however, the committee did not intend to foreclose the Board from continuing to determine traditional craft and departmental units, such as stationary engineers in the health- care field. [Emphasis supplied.] 43 Accordingly, I agree with my colleagues that a main- tenance unit is not precluded by the undue prolifera- tion admonition and, therefore, we must apply our traditional standards in determining whether the em- ployees, herein, possess a sufficiently separate com- munity of interest to justify their own unit. I disagree, however, with the majority's finding that no such separate unit is warranted. The approximately 50 powerhouse and mainte- 43 120 Cong. Rec. E4899 (Daily ed. July 22, 1974). nance employees in the unit sought all work in the engineering department, which is headed by a chief engineer . Approximately 90 percent of these employ- ees are journeyman level craftsmen who are paid wages commensurate with those paid admittedly technical or professional employees. Accordingly, the level of skills and classification of pay are signifi- cantly higher than those of the service employees. Notwithstanding this important separate commonali- ty of interests, my colleagues insist that the overall community of interest of these employees is insuffi- ciently distinct from the interests of the service em- ployees to warrant the departmental unit sought. There is, however, much more than the marked dif- ference in wage levels and craft skills which set the maintenance employees apart from the service em- ployees. The unique nature of employment of the engineer- ing department employees is reflected by their com- plex duties and superior skills and qualifications. A summary of their duties and qualifications makes this particularly apparent. The firemen and station- ary engineers are responsible for the operation and maintenance of the boilers and steam equipment, which involves mixing and pouring chemical addi- tives and taking readings on the units as to tempera- ture, refrigerants, water, and sediments. The employ- ees in the air-conditioning shop maintain and repair the refrigeration units, oxygen outlets, medical air outlets, ice makers, and refrigerators. Duties of the electricians include installation of conduits for tele- phone lines, installation of conduits and feeders for large circuitry, installation of fixtures and switches, the hookup and installation of fan units and "con- densate pumps," repair of appliances, and electrical and mechanical repairs on the laundry equipment. An individual hired as an electrician must possess the skills of a journeyman electrician and be versed in institutional electrical work. Employees in the elec- tronics shop subdivision are responsible for the maintenance and repair of electronic medical equip- ment, e.g., cardiac monitoring equipment, infusion pumps, and defribulators; inspecting medical instru- ments and equipment; and repairing tape recorders and the paging system. The mechanics service all the Employer's plumbing needs and maintain and repair all the mechanical systems, e.g., conveyor systems, compactors, the pneumatic tube system, and various sterilizers . Carpenters construct and maintain wood- en structures such as furniture, cabinetry, counter tops, doors, walls and partitions, and ceiling and floor tiles . The painters plaster, stencil materials, tape and apply compounds to unfinished dry wall con- struction, and mix and apply all types of paint, epoxy finishes , and varnishes. Obviously, the above func- JEWISH HOSPITAL OF CINCINNATI 625 tions, qualifications, and skills distinctly set apart the overwhelming majority of employees in the engineer- ing department from those in the service unit, e.g., ward clerks, orderlies, nurses aides, janitors, maids, and wall washers. Meaningful and relevant contact between the engi- neering department employees and other employees is at a minimum. Engineering department employees are separately supervised and their supervisors have no authority over other hospital employees. During late shifts, the maintenance employees are under the d'rection of a leadman; the nursing supervisor exer- cises second-line supervision only, as a representative of the Employer. I do not consider a nurse's state- lnent as to what job must be repaired first to be su- pervision or very meaningful contact. Similarly, the occasional assistance of a housekeeping department employee in moving furniture does not impress me as a very powerful factor in determining that the engi- neering department unit is inappropriate unless it in- cludes the service employees. The majority states that "[t]he real question is whether the distinctions between engineering depart- ment employees and the employees in other depart- ments show such separate interests as to warrant granting engineering department employees a sepa- rate unit while not permitting skilled employees in other departments the same privilege." I disagree. I believe the "real question" is whether the employees in the engineering department enjoy a sufficient community of interest amongst themselves and apart from other employees to warrant their own unit. I do not find it necessary to balance their community of interest with that of unrelated groups of employees. Moreover, I do not believe it is a wholly -accurate analysis of our practice in the health care industry to state that we do not permit skilled employees in other departments the privilege of representation in their own unit. In fact, the Board has recently granted cer- tain skilled employees their own unit. In Barnert Memorial Hospital Center, 217 NLRB No. 132 (1975), the Board found that the high level of skills, inter alia, of the technical employees estab- lished a unique community of interest among these employees warranting a separate unit. The high level of their skills was reflected by their certification, reg- istration, or licensing. Because it is difficult to mea- sure the skill of an employee, the Board determined therein whether an individual was a technical em- ployee by considering certification, registration, and licensing as a guide, but not as an unbending rule. Herein, it is clear that the overwhelming majority of the employees in the engineering department pos- sess skills patently superior to those skills possessed by the service employees. As the majority concedes, 90 percent of the powerhouse and maintenance em- ployees are journeyman level craftsmen and are in a wage level higher than the . service employees, but comparable to that of the technical and professional employees who ordinarily have been granted their own units in other cases before the Board.44 The fact that these highly skilled maintenance employees are organized into their own department, complete with a unique uniform, makes their distinct community of interest all the more obvious. Rather than collect em- ployees from various departments into one unit as we must often do with technical employees, herein we have highly skilled, and appropriately paid, employ- ees all supervised by the chief engineer in one depart- ment. In finding that the engineering department em- ployees do not comprise an appropriate unit, the ma- jority is failing to follow the Board's traditional stan- dards which my' colleagues assert are applicable herein. In American Cyanamid Company, 131 NLRB 909 (1961), the lead case on maintenance units at unorganized plants, the Board held that either a unit of production and maintenance employees or a sepa- rate unit of maintenance employees may be appro- priate for collective bargaining where there is no bar- gaining history on a different basis, operations are not so integrated that the maintenance function loses its identity as a function separate from production, and maintenance employees are readily identifiable as a group whose similarity of function and skills create a community of interest warranting separate representation. In Miami Inspiration Hospital, Inc., 175 NLRB 636 (1969), the Board found that a unit composed of electrical and maintenance employees employed by the employer hospital constituted a dis- tinct and readily identifiable group, which shared a community of interest apart from the other employ- ees, and that such a unit was appropriate for the pur- poses of collective bargaining. Those employees per- formed maintenance work on heating, air- conditioning, and other mechanical equipment, were separately supervised by the chief engineer in charge of maintenance, did not interchange with other employees, were all salaried, and received the same fringe benefits. The facts in this case bring it well within the tests established and applied in American Cyanamid and Miami Inspiration Hospital. My colleagues' refusal to find a separate maintenance unit to be appropriate here demonstrates that, regardless of their statement to the contrary, they are not applying the Board's traditional standards governing the appropriateness 40. See , e.g., Mercy Hospitals of Sacramento, Inc., 217 NLRB No. 131 (1975); Sweetwater Hospital Association, 219 NLRB 803 (1975). 626 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of separate maintenance units to this industry. appropriate under the Board's normal policy and As they have conceded that there is no statutory practice, I cannot join them in refusing to direct a proscription against such units and have not set forth separate election for the engineering department em- any cogent reasons why the maintenance unit is not ployees.