Nebraska Methodist Hospital

National Labor Relations Board - Board Decisions

Jun 18, 1975

218 N.L.R.B. 619 (N.L.R.B. 1975)

NEBRASKA METHODIST HOSPITAL 619
Nebraska Methodist Hospital and Local No. 38,
International Union of Operating Engineers, AFL-
CIO, Petitioner. Case 17-RC-7624
June 18, 1975
DECISION AND CERTIFICATION OF
REPRESENTATIVE
BY CHAIRMAN MURPHY AND MEMBERS
FANNING, JENKINS, AND PENELLO
Pursuant to a Stipulation for Certification Upon
Consent Election approved on October 24, 1974, an
election by secret ballot was conducted on Novem-
ber 7, 1974, under the direction and supervision of
the Regional Director for Region 17 among the
employees in the stipulated unit. At the conclusion of
the election, the parties were furnished with a tally of
ballots which showed that, of approximately 25
eligible voters, 25 cast ballots, of which 13 were for
and 12 against the Petitioner, and none were
challenged. Thereafter, on November 14, 1974, the
Employer filed timely objections to the election. On
December 4, 1974, the Employer filed a motion to set
aside the Stipulation for Certification Upon Consent
Election.
In accordance with the National Labor Relations
Board's Rules and Regulations and Statements of
Procedure, Series 8, as amended, the Regional
Director conducted an investigation and on Decem-
ber 18, 1974, issued and duly served on the parties his
report, recommendations on objections, and recom-
mendations on the Employer's motion to set aside
the stipulation for Certification Upon Consent
Election. The Regional Director recommended that
the objections be overruled in their entirety, the
motion to set aside the stipulation be denied, and
that a certification of representative issue. Thereafter,
the Employer filed timely exceptions to the Regional
Director's report and supporting briefs.
1 In its motion to set aside the Stipulation for Certification Upon
Consent Election , the Employer, for the first time , contests the appropriate-
ness of the unit it had stipulated to be appropriate . We note that the
Employer entered into the stipulation as to the appropriate unit with full
knowledge that the nonprofit hospital amendments to the National Labor
Relations Act were about to take effect and at a time when the Board was
about to consider cases arising from the amendments Thereafter, the
Regional Director approved the stipulation, and the election was held. We
conclude that the Employer 's motion, filed subsequent to the Regional
Upon the entire record in this case, the Board
finds:
1. The Employer is engaged in commerce within
the meaning of the Act and it will effectuate the
purposes of the Act to assert jurisdiction herein.
2. The Petitioner is a labor organization claiming
to represent certain employees of the Employer.
3. A question affecting commerce exists concern-
ing the representation of employees of the Employer
within the meaning of Sections 9(c)(1) and 2(6) and
(7) of the Act.
4. The parties stipulated, and we find,' that the
following employees constitute a unit appropriate for
the purposes of collective bargaining within the
meaning of Section 9(b) of the Act:
All engineers and maintenance employees
employed by Nebraska Methodist Hospital at its
facilities located in Omaha, Nebraska, but exclud-
ing guards and supervisors within the meaning of
the Act; and all other employees.
5. The Board has considered the objections, the
Regional Director's report, the exceptions, the
motion, the briefs, and the entire record2 in this case,
and hereby adopts the Regional Director's findings,
conclusions, and recommendations.3
CERTIFICATION OF REPRESENTATIVE
It is hereby certified that a majority of the valid
ballots have been cast for Local No. 38, International
Union of Operating Engineers, AFL-CIO, and that,
pursuant to Section 9(a) of the National Labor
Relations Act, as amended, the said labor organiza-
tion is the exclusive representative of all the
employees in the unit found appropriate herein for
the purposes of collective bargaining in respect to
rates of pay, wages , hours of employment, 'or other
conditions of employment.
Director's approval of the stipulation and subsequent to the holding of the
election, was untimely, and we shall therefore adopt the Regional Director's
recommendation that the motion be denied.
2 Inasmuch as the record and briefs adequately present the issues and
positions of the parties, the Employer's request for oral argument is demed.
3 The Employer's exceptions , in our opinion, raise no material or
substantial issues of fact or law which would warrant reversal of the
Regional Director's findings and recommendations.
218 NLRB No. 99