McLaren Macomb

National Labor Relations Board - Unpublished Board Decisions

Apr 14, 2020

07-RC-243228 (N.L.R.B. Apr. 14, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
McLAREN MACOMB
Employer
and Case 07-RC-243228
LOCAL 40, RN STAFF COUNCIL, OFFICE AND
PROFESSIONAL EMPLOYEES
INTERNATIONAL UNION (OPEIU) AFL-CIO
Petitioner
ORDER
The Employer’s Requests for Review of the Regional Director’s Decision and Direction
of Election, and of the Decision on Objections 1 and 4, are denied as they raise no substantial
issues warranting review.1 The Employer’s request to stay the election is denied as moot.
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., April 14, 2020.
1 In denying review of the Regional Director’s finding that the Employer’s cardiography technicians are not
technical employees, we do not rely on her characterization of them as “akin to” ordinary ECG technicians in such
cases as Barnert Memorial Hospital Center, 217 NLRB 775 (1975), given that the duties of the Employer’s
cardiography technicians go beyond performing routine electrocardiogram tests. Nevertheless, the evidence here
does not establish that the cardiography technicians’ duties require the use of independent judgment sufficient to
establish technical employee status.
In denying review of the Regional Director’s decision overruling Objection 1, we acknowledge that the
incumbent union had the right to intervene and appear on the ballot. However, we reject the Employer’s assertion
that where, as here, an incumbent union has chosen not to intervene in a representation proceeding, the Regional
Director was required proactively to invite the union to appear on the ballot. Contrary to the Employer’s assertions,
neither St. Mary’s Duluth Clinic Health System, 332 NLRB 1419 (2000), nor Kaiser Foundation Health Plan of
Colorado, 333 NLRB 557 (2001), establishes such a requirement.
The Employer’s Request for Review of the Regional Director’s Decision and Certification of
Representative remains pending, and will be ruled on separately.