The Private Medical Group of New Rochelle

National Labor Relations Board - Board Decisions

Jun 30, 1975

218 N.L.R.B. 1315 (N.L.R.B. 1975)

THE PRIVATE MEDICAL GROUP OF NEW ROCHELLE 1315
The Private Medical Group of New Rochelle and
Local 311, Warehouse Drivers' Industrial and
Professional Hospital Workers and Miscellaneous
Employees Union ,l Petitioner. Case 2-RC-16752
June 30, 1975
DECISION AND DIRECTION OF
ELECTION
BY CHAIRMAN MURPHY AND MEMBERS
FANNING AND PENELLO
Upon a petition duly filed under Section 9(c) of the
National Labor Relations Act, as amended, a
hearing in this case was held before Hearing Officer
Mary W. Taylor of the National Labor Relations
Board. Following the close of the hearing, the
Regional Director for Region 2 transferred this case
to the Board for decision.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Upon the entire record in this proceeding, the
Board finds:
1. The Employer is a partnership consisting of
four general practitioners and one surgeon engaged
in the practice of medicine in New Rochelle, New
York. The partnership has been in existence for
approximately 30 years, with each physician treating
his own patients except occasionally when one is
called away from the office. The Employer treats
approximately 5,000 patients annually, virtually all
of whom are from the immediate area, although a
small number reside out of State.
In 1974, the Employer's gross revenues were
$565,227 of which $52,577 derived from Medicare,
$12,874 from Medicaid, $54,657 from Blue Cross,
$21,700 from other insurance companies, and the
remainder from patient fees. During the same period,
the Employer purchased laboratory services valued
at $15,808 2 from a New Jersey firm.
Based on the above evidence, we find that the
Employer is a health care institution within the
meaning of Section 2(14) of the Act, that the impact
of the Employer's operations on commerce is
sufficient to warrant assertion of jurisdiction herein,
and that it will effectuate the policies of the Act to do
50.3
1 The name of the Petitioner appears as amended at the hearing.
2 The record indicates that for 975 this figure will increase by
approximately 10 percent as a result of the Employer's increased use of
outside laboratory services.
3 East Oakland Community Health Alliance Inc., 218 NLRB No. 193
(1975) Member Fanning concurs for the reasons set forth in his separate
opinion in East Oakland
Subsequent to the transfer of this case to the Board , the Petitioner
submitted to the Regional Director a request to withdraw the instant
218 NLRB No. 200
2. The Employer contested the Petitioner's status
as a labor organization within the meaning of the
Act. The record establishes, however, that the
Petitioner is an organization in which employees
participate and exists for the purpose of bargaining
with employers concerning grievances, labor dis-
putes, wages, rates of pay, hours, and working
conditions. Thus, the Petitioner has bylaws and
appointed officers and has negotiated collective-
bargaining agreements with several employers con-
cerning wages, hours, and working conditions. In
addition, its members have elected stewards, who
have processed grievances on behalf of members,
and will shortly elect new officers. Accordingly, we
find that the Petitioner, which claims to represent
certain employees of the Employer, is a labor
organization within the meaning of Section 2(2) of
the Act .4
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. The Petitioner seeks to represent a unit of
technical and clerical employees. At the hearing, the
parties agreed to such a unit and agreed to include
therein the following employees: typists, part-time
senior secretary, business machine operator, x-ray
technician, switchboard operator, appointments sec-
retary, medical assistant, part-time collections secre-
tary, and part-time file clerk. The parties disagreed,
however, on the inclusion of the part-time bookkeep-
er and the janitor whose unit placement was left to
the Board.
The record establishes that the bookkeeper is
responsible for normal bookkeeping functions relat-
ing to the "business of the office." The bookkeeper is
paid on an hourly basis, as are all other part-time
employees, and the Employer deducts withholding,
social security, and other payroll taxes from the
bookkeeper's pay. The bookkeeper works 4 days per
week, although he can vary his hours somewhat.
Based on this evidence, we find that the bookkeeper
is a regular part-time employee and shares a
community of interest with the employees included
in the unit, some of whom are also regular part-time
employees,5 and we shall, therefore, include the
bookkeeper in the unit.
petition . The Petitioner has advanced no reasons for requesting withdrawal,
nor has it indicated that it no longer desires to represent the employees
petitioned for herein . The Employer has expressed its opposition to the
Petitioner's withdrawal request . In view of our decision herein to assert
jurisdiction over the Employer and in the absence of any reasons extended
by the Petitioner for requesting withdrawal , including any disclaimer of
interest , we shall not grant the Petitioner's request.
Alto Plastics Manufacturing Corporation, 136 NLRB 850 (1962).
5 See Farmers Insurance Group, et. al., 143 NLRB 240, 244-245 (1963).
1316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The janitor performs general cleaning duties during
the Employer's regular hours of operation . He is paid
weekly , as are all other full-time employees, and
receives the same holidays as other employees who
are included in the unit . Therefore , inasmuch as the
janitor would be the only unrepresented employee in
the Employer 's office , we shall include him in the
unit.
Accordingly , for the reasons stated above and
upon the entire record, we find that the following
employees of the Employer constitute an appropriate
unit for the purposes of collective bargaining within
the meaning of Section 9(b) of the Act:
All full-time and regular part-time employees
employed by the Employer at its New Rochelle,
New York , office , including the bookkeeper,
typist , senior secretary , business machine opera-
tor, x-ray technician , switchboard operator, ap-
pointments secretary , medical assistant , collec-
tions secretary , file clerk , and janitor ; excluding
all other employees, guards , and supervisors as
defined in the Act.
[Direction of Election and Excelsior footnote
omitted from publication.]