The Children's Village, Inc.

National Labor Relations Board - Board Decisions

Nov 30, 1970

186 N.L.R.B. 953 (N.L.R.B. 1970)

THE CHILDREN 'S VILLAGE, INC.
The Children 's Village, Inc., Employer and Petitioner
and Local 1707, Community and Social Agency
Union, AFSCME. Case 2-RM-1603
November 30, 1970
BY CHAIRMAN MILLER AND MEMBERS
FANNING, BROWN, AND JENKINS
DECISION AND DIRECTION OF
ELECTION
Upon a petition i duly filed under Section 9(c) of the
National Labor Relations Act, as amended, a hearing
was held before Hearing Officer Joel P. Biblowitz.
After the hearing and pursuant to the National Labor
Relations Board Rules and Regulations, Series 8, as
amended, the Regional Director for Region 2 issued
an Order Transferring the Case to the Board for
decision. Thereafter, the Employer and the Union
each filed a position letter.
The Hearing Officer's rulings made at the hearing
are free from prejudicial error and are hereby
affirmed.
Upon the entire record in this case, the Board finds:
1. The Children's Village, Inc., is a nonprofit, New
York State corporation provided for by state statute,2
which describes the purposes of the Village as follows:
(i) To provide and maintain an institution for
the care and education of delinquent and other
dependent children of school age . . . including
the study and prevention of emotional problems of
children and families.
(ii) To establish and maintain small group
homes and day care centers for the care of children
and families .. .
(iii) To establish and maintain a program for the
placing out of children and minors.
(iv) To establish and maintain a facility for the
examination, diagnosis, care or treatment, on an
out patient basis . . .
(v) To establish and maintain the following
programs in relation to the above purposes:
(1) To train and educate persons in the
care and education of delinquent and other
children.
(2) To maintain a family counselling
service.
(3) To study the emotional problems of
children and families with the objective of
prevention and treatment of these disabili-
ties.
The Village has about 240 Boys (aged 7-18) at its
main facility in Dobbs Ferry, about 40 in group
i The Regional Director for Region 2, after a hearing, dismissed the
Employer's petition on the grounds that the Employer is a statutorily
exempt hospital The Employer appealed to the National Labor Relations
953
residences, and 20 in foster homes. Most of the boys
come from New York State, primarily from New
York City. A few come from other States. (At the time
of the hearing there were only 2 nonresidents though
there have been as many as 20.) In most cases welfare
districts, either directly or through the courts, refer the
boys to the Village, which has the final say on
placement. The boys are initially committed for 18
months, but the period is often extended. The average
stay in the Village is 33 months. About 80 percent of
the boys are described as "persons in need of
supervision," and 5 percent are delinquent. They are
emotionally disturbed, incorrigible, and do not obey
parents or authorities. The Village, because of a lack
of proper facilities, does not accept either psychotic or
retarded children.
The boys admitted to the Village require total
treatment, and a different treatment is needed for
each child. Treatment involves the following disci-
plines: psychiatry, psychology, casework, education,
remedial reading, research, training , child care, and
recreation. Treatment begins with placement in 1 of
17 cottages, each having from 12 to 16 boys. At all
times at least one child care counsellor is present. A
boy attends school in the morning , eats lunch, and
attends school in the afternoon, unless he has some
special treatment scheduled. In the afternoon and
evening a child may be involved in a recreation
program directed by recreation specialists and coun-
sellors. A boy sees his caseworker frequently. The
caseworker also works with the boy's family. The boy
also sees a psychologist periodically and a psychiatrist
if needed. The Village maintains a small clinic , staffed
by a part-time doctor and nurses, for routine health
matters. More complex medical treatment is arranged
through nearby hospitals.
There is a special school district at the Dobbs Ferry
facility, but the parties stipulated that it is separate
from the Village. Likewise, the parties stipulated that
an out-patient clinic, run jointly by Children's Village
and the County of Westchester, should be considered
as separate because it is not directly connected with
the regular operations of the Village.
The Village grosses about $3.5 million per
year-about 90 percent from state and local welfare
agencies, with some public donation, and a very small
endowment. Also the Bureau of Child Welfare will
decide if a family of a child can afford to pay part of
the child's upkeep, and, if so, will fix the amount.
Although the amount of revenue from this source is
indeterminate from the record, it appears de minimis.
Annually, the Village purchases, directly and indirect-
Board, which reversed the Regional Director's dismissal and remanded the
case to him for further hearing.
2 Chapter 662, section 2a
186 NLRB No. 137
954 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ly from out of State about $300,000-$400,000 worth of
goods.
Although the statutory meaning of the term
"hospital" is difficult to define, it is clear that the
Employer does not fall within any acceptable usage of
that term. We find therefore that the Village is an
"employer" within the meaning of Section 2(2) of the
Act, and that the exemption given to nonprofit
hospitals is not available to it.
The revenues and expenditures of the Village are
sufficient in amount to meet any of our ordinary
jurisdictional standards.3 Accordingly, we find that
the Employer exerts a substantial impact on com-
merce and that it would effectuate the policies of the
Act to assert jurisdiction herein.
2. The labor organization involved claims to
represent certain employees of the Employer.
3 In the absence of any specific standard for this type of operation, we
have applied existing standards, but we leave open the question of whether
or not to establish a specific standard for such cases
4 At the hearing the parties stipulated to exclude all employees except
psychologists , caseworkers, recreation employees , doctors , nurses, and
psychiatrists from the unit The Union then offered to stipulate to
additionally exclude recreation employees , doctors , nurses , and psychia-
trists . Subsequently in its letter of position , the Employer agreed with the
Union 's offer to so stipulate , thus, agreeing with the Union that a unit of
only psychologists and caseworkers is appropriate
5 In order to assure that all eligible voters may have the opportunity to
be informed of the issues in the exercise of their statutory right to vote, all
3. A question affecting commerce exists concern-
ing the representation of employees of the Employer
within the meaning of Section 9(c)(1) and Section 2(6)
and (7) of the Act.
4. The parties agree that a unit consisting of only
psychologists and caseworkers is an appropriate unit.4
Accordingly, we shall direct an election in the unit
described below:
All psychologists and caseworkers, and their aides,
employed by the Children's Village, Inc., exclud-
ing all other employees and supervisors within the
meaning of the Act.
[Direction of Elections omitted from publication.]
parties to the election should have access to a list of voters and their
addresses which may be used to communicate with them Excelsior
Underwear Inc, 156 NLRB 1236, N L R B v Wyman-Gordon Co, 394 U S
759 Accordingly, it is hereby directed that an election eligibility list,
containing the names and addresses of all the eligible voters,
must be filed by the Employer with the Regional Director for Region 2
within 7 days of the date of this Decision and Direction of Election The
Regional Director shall make the list available to all parties to the election.
No extension of time to file this list shall be granted by the Regional
Director except in extraordinary circumstances Failure to comply with this
requirement shall be grounds for setting aside the election whenever proper
objections are filed