St. Clare's Hospital

National Labor Relations Board - Board Decisions

Apr 20, 1976

223 N.L.R.B. 1002 (N.L.R.B. 1976)

1002 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
St. Clare's Hospital and Health Center and The Com-
mittee of Interns and Residents , Petitioner. Case 2-
RC-16760
April 20, 1976
DECISION AND ORDER
Upon a petition duly filed under Section 9(c) of
the National Labor Relations Act, as amended, a
hearing was held on various dates before Hearing
Officer Robert Reisinger. Following the hearing and
pursuant to Section 102.67 of the National Labor Re-
lations Board Rules and Regulations and Statements
of Procedure, Series 8, as amended , and by direction
of the Regional Director for Region 2, this case was
transferred to the National Labor Relations Board
for decision. Thereafter, briefs' were filed by the Pe-
titioner and the Employer.
On September 3, 1975, the Board, having de-
termined that this and a number of other cases in the
health care industry presented issues of importance
in the administration of the National Labor Rela-
tions Act, as amended, scheduled oral argument in
several of these cases , including this one . Oral argu-
ments were heard on September 8, 1975. Briefs ami-
cus curiae were filed and have been duly considered.
The Board has reviewed the Hearing Officer's rul-
ings made at the hearing and finds that they are free
from prejudicial error. They are hereby affirmed.
Upon the entire record in this proceeding, the
Board finds:
1. St. Clare's Hospital is a nonprofit New York
corporation engaged in providing health care for the
' With the Board 's consent, the Association of American Medical Col-
leges, the Physicians' National House Staff , and the Coalition of American
Public Employees submitted amicus curiae briefs, which have also been
carefully considered.
public in New York City. The Employer had gross
revenues in excess of $1 million in 1974 and during
the same period made purchases of goods, supplies,
materials, and services in excess of $50,000 directly
from firms located outside the State of New York.
The parties have stipulated and we find that the Em-
ployer is engaged in commerce. Accordingly, we find
that it will effectuate the policies of the Act to assert
jurisdiction herein.
2. For the purposes of this proceeding, we find
that the Petitioner is not a labor organization within
the meaning of the Act. In Cedars-Sinai Medical Cen-
ter, 223 NLRB No. 57 (1976), we concluded, for the
reasons stated therein, that medical residents, inter
alia, are primarily students, and are not "employees"
within the meaning of the Act. In this proceeding, the
medical residents whom Petitioner seeks to represent
are essentially like those involved in Cedars-Sinai in
terms of their relationship with the Employer. Ac-
cordingly, for the reasons set forth in the above-cited
proceeding, we conclude that no question affecting
commerce exists concerning the representation of
employees of the Employer within the meaning of
Sections 9(c)(1) and 2(6) and (7) of the Act. We shall,
therefore, dismiss the instant petition.
ORDER
It is hereby ordered that the petition filed herein
be, and it hereby is, dismissed.
MEMBER FANNING , dissenting:
For, the reasons stated in my dissenting opinion in
Cedars-Sinai Medical Center, 223 NLRB No. 57, I
dissent from the dismissal of this petition . Residents
clearly perform a service for the training institution,
for which they are compensated by that training in-
stitution . They are, therefore , employees, and the Pe-
titioner is a labor organization.
223 NLRB No. 163