The Trustees of Noble Hospital

National Labor Relations Board - Board Decisions

Jun 30, 1975

218 N.L.R.B. 1441 (N.L.R.B. 1975)

THE TRUSTEES OF NOBLE HOSPITAL 1441
The Trustees of Noble Hospital and Massachusetts
Nurses Association . Case 1-RC-13469
June 30, 1975
DECISION AND DIRECTION OF
ELECTION
Upon a petition duly filed under Section 9(c) of the
National Labor Relations Act, as amended, a
hearing was held before Hearing Officer Joseph A.
Stupak, Jr., of the National Labor Relations Board.
Following the hearing, the Regional Director for
Region I transferred this case to the Board for
decision. Thereafter, the Employer and the Petitioner
filed briefs with the Board.
The Board has reviewed the Hearing Officer's
rulings 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. The Employer, a private nonprofit health care
institution located in Westfield, Massachusetts, is
engaged in commerce within the meaning of the Act.
2. The labor organization involved claims to
represent certain employees of the Employer.
3. A question affecting commerce exists concern-
ing the representation of certain employees of the
Employer within the meaning of Sections 9(c)(1) and
2(6) and (7) of the Act.
4. The Petitioner seeks to represent a professional
unit of all registered nurses , excluding all other
employees, guards and supervisors as defined in the
Act. The Employer, while agreeing in general to the
appropriateness of a unit of registered nurses,
contends that the unit should include only staff
registered nurses.' Specifically, the Employer con-
tends that the unit should exclude registered nurses
in the positions of director of nursing service,
assistant director of nursing service,2 in-service
director, assistant in-service director, tumor registrar,
supervisors, head nurses , assistant head nurses,
utilization review coordinator, and nurse anesthetist.
Noble Hospital, or herem the Hospital, is the only
general hospital serving several adjoining communi-
ties with an area population of approximately 50,000
people. The Hospital has approximately a 200-bed
capacity, but presently actively operates only about
186 beds. The Hospital employs approximately 40
medical doctors and dentists, 56 licensed practical
nurses , 15 to 20 nurses aides, 8 orderlies, 10 clerks
within the nursing staff, and 144 registered nurses in
all categories.
The chief executive officer of the Hospital is the
administrator. The director of nursing service, who
reports directly to the administrator, heads the
nursing service department. It is within this depart-
ment that most of the members of the proposed unit
are employed.
Supervisors: The Employer seeks to exclude the
four registered nurses in this classification on the
ground that they are supervisors within the meaning
of the Act. The supervisors work on a shift basis. One
works the day shift, one works the evening shift, and
two3 work the night shift. In general, the supervisor
is responsible for the entire nursing,staff on duty
during her shift. The supervisor reports directly to
the office of the director of nursing service. It is the
supervisor's responsibility to ensure that her shift is
properly staffed. To this end,-the supervisor has the
authority to transfer personnel between nursing units
and to call personnel into the Hospital during their
nonscheduled hours. Additionally, supervisors are
responsible for assigning any unassigned "float"
personnel who may be working during their shifts.
The supervisors attend biweekly supervisors' meet-
ings which are attended by both the director and
assistant director of nursing service. Various staffing
and employee problems are discussed at these
meetings and recommendations are often taken back
to the head nurses.
The supervisors also, have the authority to disci-
pline employees on their shifts. The duties and
responsibilities of a supervisor working the day shift
vary somewhat from those of a supervisor working
either the evening or night shift. The evening or night
supervisor assumes additional responsibilities nor-
mally performed during the day by the Hospital's
administrator. During the evening or night shift the
supervisor is the only administrative representative
on duty and is responsible for the proper staffing and
supervision of the whole Hospital. Hospital Adminis-
trator Brooks testified concerning the responsibilities
of a supervisor during these periods:
In addition to the nursing type problems that
mighi come up, and patient care, the supervisor
would also have to deal with such broad adminis-
trative problems as handling . . . visitors for
patients. She would have to contact personnel
and people outside the hospital, such as medical
examiners, police, even fire departments occa-
sionally.
All supervisors are required to evaluate employees.
The day supervisor principally evaluates head nurses
I The parties stipulated, and we find , that the staff registered nurses , 3 While one of these two supervisors is classified as an assistant
including charge nurses, are employees within the meaning of the Act . supervisor, her duties and responsibilities are the same as those of the other
2 The parties stipulated , and we find , that the director and assistant supervisors . Therefore, no distinction will be made in the following
director of nursing service are supervisors within the meaning of the Act, discussion between the supervisors and the assistant supervisor.
218 NLRB No. 221
1442 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
who normally work only during the day shift. The
day supervisor also evaluates other employees on her
shift, including some assistant head nurses and
nursing aides who, due to their schedules, are not
otherwise evaluated by a head nurse. The night and
evening supervisors evaluate all the nursing service
personnel on their shifts since head nurses, who also
evaluate employees, do not normally work these
shifts. The evaluations are filled out on appraisal
forms provided by the Hospital. The supervisor
discusses the completed form with each employee
and the employee is asked to sign the form. The
supervisor then submits the form to the director of
nursing service. Employee evaluations are required
for accreditation by the Joint Commission on
Hospital Accreditation and by the Commonwealth
of Massachusetts for licensing. Additionally, the
employee evaluations are used, under a new merit
wage program, to determine wage adjustments and
to report unsatisfactory employee performance.
In deciding whether these supervisors qualify as
supervisors within the meaning of the Act, we are not
unmindful of the report of the Senate Committee on
Labor and Public Welfare on the "Coverage of
Nonprofit Hospitals Under the National Labor
Relations Act."4 In this report the Senate indicated
that a health care professional does not exercise
supervisory authority in the interest of his employer
when his "direction" to other employees is in the
"exercise of professional judgment ... incidental to
the professional's treatment of patients." We agree
that in determining whether a health care profession-
al is a supervisor within the meaning of the Act we
must take into account that to some degree the
activities of a health care professional are the product
of the exercise of professional judgment incidental to
the treatment of patients. However, beyond these
professional considerations, the traditional standards
for determining supervisory status remain applicable
to health care professionals, such as registered
nurses. We believe that, while the supervisors may to
a limited extent exercise professional judgment
incidental to the treatment of patients, they also
possess the traditional indicia of supervisory status.
Thus, the supervisors are in charge of all the nursing
personnel on their shift (evening and night supervi-
sors are responsible for all hospital personnel). They
have the responsibility of insuring that their shift is
properly staffed. To this end, they may call in off
duty personnel and/or transfer personnel from unit
to unit. Supervisors also assign "float" personnel,
attend supervisory meetings, discipline employees,
and evaluate employees. Further, supervisors who
4 S. Rept 93-766, 93d Cong, 2d sess. 6 (April 2, 1974)
5 The units include . intensive care, emergency room; operating room;
nursery, pediatrics ; maternity , delivery room, medical surgical (6);
work evenings, nights, or weekends are additionally
responsible for the proper staffing, performance, and
supervision of the entire Hospital and are authorized
to deal directly with the police, medical examiner,
and press. Accordingly, we conclude that the
supervisors are statutory supervisors within the
meaning, of the Act and we shall therefore exclude
them from the unit.
Head Nurses and Assistant Head Nurses: The
Employer seeks to exclude the 15 head nurses and 4
assistant head nurses on the ground that they are
supervisors within the meaning of the Act. Each head
nurse is in charge of a nursing units and is
responsible to the director of nursing service and the
day supervisor.
The Employer states that "each Head Nurse has
twenty-four hour, seven day per week responsibility
for the staffing and operation of her unit." The
record reveals that, though head nurses assign the
personnel in their units to care for patients, these
assignments are made on the basis of the head
nurses' evaluation of the needs of the patient and the
skills of the personnel.6 Further, most of the
functions of the head nurses are handled during the
evening and night shifts (and during the day shift on
a head nurse's day off in units where there are no
assistant head nurses) by staff nurses serving as
charge nurses, a category stipulated by the parties to
be included within the unit. Additionally, the head
nurses normally only work the day shift and rarely
return to the Hospital during the evening or night
shift. A head nurse does obtain patient reports from
the night charge nurse and gives patient reports to
the evening charge nurse. These reports are, however,
necessary for patient care and are exchanged
routinely between each shift, including the evening
and night shift, which are handled by charge nurses.
Head nurses are paid an hourly rate and the
difference between their weekly salary and that of a
staff registered nurse ranges from $16.80 to $22.80.
However, staff registered nurses who serve as charge
nurses receive at least as high if not higher wages
than head nurses.
The Employer states that the head nurse is the first
level of supervision to whom grievances may be
brought. The record does not reveal any evidence
that head nurses have adjusted grievances. Further,
one head nurse testified that she was never informed
by anyone that she had the authority to adjust
grievances. Head nurses submit requisitions to
central supply in order to keep their unit stocked
with the supplies that are used on a daily basis. This
function may also be performed by a ward secretary
recovery room, and central supply.
6 The day supervisor testified that patient care was the consideration
behind the head nurses ' assignments of personnel in their units.
THE TRUSTEES OF NOBLE HOSPITAL 1443
if one is in the nursing unit. Head nurses can only
submit requests for equipment and cannot, on their
own, authorize equipment requisition.
Head nurses attend biweekly meetings with the day
supervisor and the director and assistant director of
• nursing service . According to the director of nursing
service, the purposes of these meetings are communi-
cation, problem resolution, and instruction.
Prior to February 1974, the scheduling for nursing
personnel was apparently done by the office of the
director of nursing service. However, since this time,
the head nurses in each unit prepare a work schedule
3 weeks in advance and submit it to the nursing
service office for approval. The schedule is reviewed
by the assistant director of nursing service and if it is
not acceptable the head nurse is directed to change
it. The director of nursing service testified that the
primary concern in making out the schedule is
patient care. Head nurses have very little discretion
in making out schedules. This is due, in part, to the
policies of the Hospital. One such policy requires
that full-time employees must be given every other
weekend off. Additionally, many of the part-time
employees in the various nursing units work only at
certain times. Once the schedule has been approved,
any changes which would result in changing the
employee complement of a unit must be approved by
the nursing service office.
Special requests for time off must be submitted to
the nursing service office for approval. The record
reveals that all registered nurses, including head
nurses , must submit their vacation requests to the
nursing service office by a specified date. A secretary
then blocks out all the requests on a master schedule
and returns a copy of the schedule to each head
nurse. If there are no conflicts, the schedule stands. If
there are conflicts, then the head nurse would seek to
obtain a voluntary adjustment. If a conflict could not
be voluntarily resolved, it would be referred to the
nursing service office for resolution.
The Employer asserts that the head nurses are
authorized to schedule and approve payment for
overtime.? The record reveals, however, that the head
nurses' function in this regard amounts merely to
validating that the employees in their units have
worked the hours listed on their timecards. Thus,
each nurse in the unit, including the head nurse, signs
in and out each day and at the end of the week either
the head nurse or, in some cases, a ward clerk sends a
list of the employees' hours to the nursing service
office. With respect to arranging for employees to
work overtime, head nurses simply pass on requests
from supervisors.
If someone in the head nurses' unit fails to report
for work, the head nurse must notify the supervisor.
According to the testimony of the director of nursing
service, "the Supervisor either calls someone else in
or transfers someone from another unit to that area."
Head nurses play a minimal role in the hiring of
new personnel. While the Employer asserts that it is
Hospital policy to consult with the head nurses prior
to actually hiring new employees, the record reveals
that head nurses are consulted only on a sporadic
basis. Further, the director of nursing service makes
the actual decision of whether or not a person will be
hired.
Head nurses fill out periodic evaluations of the
employees working in their units. These evaluations
are discussed by the head nurses with the employees
who are asked to sign the evaluation form. As
previously noted, these evaluations are required for
private accreditation and as a licensing requirement
by the Commonwealth of Massachusetts. These
evaluations are also used by the director of nursing
service to evaluate employees after their 90-day
probationary period and for the purpose of granting
salary increases. The director of nursing service
makes the final decision on whether to grant an
employee a salary increase.
The Employer contends that head nurses have the
authority to take immediate disciplinary action
against employees in their units. The record does not
substantiate this contention. Thus, the record reveals
that no document or writing given to head nurses
contains any statement conferring any disciplinary
authority. Further, the record does not indicate that
head nurses have otherwise been informed that they
have the authority to discipline employees. Appar-
ently, the disciplinary authority of the head nurses
extends only to the reporting of employee miscon-
duct or inadequate performance to either the day
supervisor or the nursing service office. The actual
decision to discipline an employee is made by the
director of nursing service. With respect to discharg-
es, the director of nursing service conducts her own
investigation and interviews the employee before
making a decision. While head nurses may recom-
mend that employees be transferred, actual transfer
decisions are made either by a supervisor or the
nursing service office.8
It is clear to us on these facts that the head nurses,
unlike the supervisors, perform their duties and
functions predominantly in the "exercise of profes-
sional judgment" incidental to their treatment of
patients. The activities of the head nurses are all
directed toward the proper and efficient treatment of
the patients in their nursing units. Further, these
r Head nurses , as well as all staff registered nurses, receive additional 8 One head nurse testified that in one instance her transfer recommenda-
compensation for overtime. lion was not adopted
1444 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
head nurses do not possess any of the traditional
indicia of supervisory authority cognizable under the
Act. Thus, as established by the record, the head
nurses do not have the authority to make effective
recommendations with respect to hiring, firing,
grievance adjustment, or discipline. Further, head
nurses do not call in off-duty employees, transfer
employees, grant time off, change established work
schedules, authorize overtime payments, or resolve
vacation conflicts. Accordingly, the head nurses are
not supervisors within the meaning of the Act and we
shall include them in the unit.9
The assistant head nurses are primarily involved in
the direct care of patients. They also handle the
nursing unit during days when the head nurse is
absent. These registered nurses perform the same
duties and functions as a charge nurse, a classifica-
tion stipulated by the parties to be properly included
in the unit. Accordingly, the assistant head nurses are
not supervisors within the meaning of the Act and we
shall include them in the unit.
Nurse A nesthetists, Tumor Registrar, and Utilization
Review Coordinator: The Employer contends that the
registered nurses in these classifications should be
excluded from the proposed unit because they are
either supervisors or managerial employees.10 The
Employer also contends that these registered nurses
do not share a similar community of interest with the
other registered nurses.
Nurse Anesthetists: The four nurse anesthetists are
all registered nurses licensed by the Commonwealth
of Massachusetts. While they are not required by the
Commonwealth to hold any other license, they do
have additional training in anesthesiology. The nurse
anesthetists work under the direction of the anesthe-
siologists at the Hospital rather than the nursing
service office. The anesthesiologists are responsible
for schedulmg and evaluating the nurse anesthetists.
The nurse anesthetists do not normally work holi-
days. Their duties primarily include the administer-
ing of anesthesia to patients during surgical proce-
dures. They function along with other surgical
personnel, including registered nurses, as a medical
team . They monitor patients during surgical proce-
dures and administer intravenous fluids and blood
transfusions. They accompany patients to the re-
covery room where, along with the recovery room
registered nurse, they help care for the patient during
recovery.
In addition to these responsibilities, nurse anesthe-
tists answer code 11 calls (coronary arrest cases). The
nurse anesthetists, while compensated at a higher
level than the other registered nurses, receive the
same benefits as all other registered nurses. On the
basis of these facts we conclude that the nurse
anesthetists share a sufficient community of interest
with the other registered nurses to justify their
inclusion in the unit.
Tumor Registrar: The tumor registrar is a registered
nurse . She receives the same benefits and is compen-
sated at the same level as the other staff registered
nurses. According to the Employer'sjob description,
this position requires advanced training in medical
terminology and a basic knowledge of tumors. The
tumor registrar compiles and documents continuing
statistics on patients who have been treated for
cancer. The tumor registrar, while not engaged in
direct patient care, is within the nursing service
department and her immediate supervisor is the
director of nursing service.
On these facts we conclude that the tumor
registrar, who is a registered nurse receiving the same
benefits and pay as the other registered nurses, shares
a sufficient community of interest with the other
registered nurses to justify her inclusion in the unit.
Accordingly, we will include the tumor registrar in
the unit.
Utilization Review Coordinator: The utilization
review coordinator is required to be a registered
nurse licensed by the Commonwealth of Massachu-
setts with at least 2 years' experience as a staff nurse.
The position of utilization review coordinator is in
the social service department rather than the nursing
service department. The objectives of the utilization
review coordinator are the efficient utilization of
hospital services and the assurance of high quality
patient care. The utilization review coordinator
reviews patient charts to determine if the length of
the patient's stay is in conformity with the standards
established by the medical staff for the type of illness
the patient is suffering from. In the course of her job
Ithe utilization review coordinator is in constant
contact with doctors and other registered nurses.
9 The Employer contends that the central supply head nurse, also
referred to as the director of central supply, does not share a similar
community of interest with the other registered nurses . The record
establishes that the central supply head nurse is required to be a registered
nurse She is responsible for furnishing sterile and nonstenle supplies,
equipment, and services to the nursing units for use in the care and
treatment of patients . She attends head nurses' meetings and deals with
other registered nurses on matters concerning supplies or equipment from
her unit . The central supply head nurse receives the same benefits as the
other registered nurses On these facts we believe that the central supply
head nurse shares a sufficient community of interest with the other
registered nurses tojustify her inclusion in the unit
to The registered nurses in these classifications do not have any
employees under their direction . Further, they do not otherwise exercise any
of the mdicia of supervisory authority Therefore, we conclude that they are
not supervisors within the meaning of the Act It is also clear that these
registered nurses are not managerial employees , since the facts reveal that
they do not formulate and effectuate management policies or exercise
sufficient independent discretion in the performance oftheirjobs Lockheed-
California Company, A Division of Lockheed Aircraft Corporation, 217 NLRB
No. 93 (1975)
THE TRUSTEES OF NOBLE HOSPITAL
We believe that the utilization review coordinator,
who is required to be a licensed registered nurse with
staff experience, shares a sufficient community of
interest with the other registered nurses to justify her
inclusion in the unit. In so concluding, we note that
the duties of the utilization review coordinator
include the assurance of high quality patient care and
that in the course of performing her duties the
utilization review coordinator comes in constant
contact with other registered nurses. Accordingly, we
will include the utilization review coordinator in the
unit.
Director and Assistant Director of In-Service: The
Employer contends that these registered nurses
should be excluded from the proposed unit on the
grounds that they are supervisors or managerial
employees or do not share a similar community of
interest with the other registered nurses.
The director and assistant director of in-service are
required to be graduates of an approved nursing
school with a B.S. degree in nursing or a health-
related field. The director of in-service is responsible
to the director of nursing service and her primary
duty is maintaining the Hospital's educational
program for nursing personnel. To this end, she is
continuously involved in evaluating present nursing
procedures and obtaining information concerning
new nursing procedures. She consults with the
supervisors and head nurses to determine the areas
where new or different educational programs may be
needed. In keeping -abreast of the latest nursing
procedures the director of in-service keeps track of
the various education opportunities offered outside
the Hospital. She recommends to the director of
nursing service which personnel should attend these
educational programs. The director of in-service also
acts as the chairman of the nursing audit committee
which is made up of supervisors, head nurses, and
staff nurses . This committee makes various recom-
mendations to the director of nursing service con-
cerning nursing techniques and procedures. The
recommendations which are accepted are implement-
ed by the director of in-service.
The director of in-service has no authority over any
of the members of the nursing staff except for the
assistant director of in-service.11 The record estab-
lishes that this authority is the same as that exercised
by a head nurse over a member of her unit. The
director of in-service does not have access to nursing
personnel files to the extent that they relate to a
nurse's training. Since the director of in-service is one
of the most knowledgeable individuals in the
Hospital on the subject of professional nursing
techniques, she serves as a source of advice and
guidance to the other nurses in the Hospital.
11 This position was vacant at the time of hearing.
1445
According to the Employer's job description, she
may act as a consultant on nursing problems if so
directed by the assistant director of nursing service.
The assistant director of in-service aids the director
of in-service in the performance of her duties.
Additionally, she is responsible for the orientation of
new nursing personnel.
Neither the director nor the assistant director of in-
service is a supervisor within the meaning of the Act.
This follows since the record establishes that the
assistant director has no supervisory authority over
any employees and the director has only limited
authority (i.e., no greater than that possessed by head
nurses) over the assistant director. Further, we do not
believe that either the director or assistant director of
in-service is a managerial employee. This follows
since the record establishes that they neither formu-
late and effectuate management policies nor exercise
sufficient independent discretion in the performance
of their jobs.12 As revealed by the record, the director
of in-service implements procedures and programs
which have been taken before the director of nursing
service, the assistant director of nursing service, and
the supervisors. Further, new nursing procedures or
programs may result from the suggestions of head
nurses or staff nurses. Finally, the record establishes
that the director and assistant director of in-service
share a sufficient community of interest with the
other registered nurses to justify their inclusion in the
unit. Thus, the director and assistant director of in-
service are registered nurses who come in constant
contact with the other registered nurses through
developing and teaching new and different nursing
procedures. Their jobs, while not in the nature of
direct patient care, are directed towards improving
nursing care for patients. Accordingly, we will
include the director and assistant director of in-
service in the unit.
Upon the entire record, we find that the following
employees of the Employer constitute a unit appro-
priate for the purpose of collective bargaining within
the meaning of Section 9(b) of the Act:
All full-time and regular part-time registered
nurses employed by the Employer at its hospital
at 115 West Silver Street, Westfield, Massachu-
setts, including head nurses, assistant head nurses,
nurse anesthetists, the tumor registrar, the utiliza-
tion review coordinator, and the director and
assistant director of in-service, but excluding the
director and assistant director of nursing service,
supervisors, assistant supervisors, all other em-
ployees, and all supervisors and guards as defined
in the Act.
12 Lockheed-California Company, A Division of Lockheed Aircraft Corpo.
ration, supra.
1446 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
[Direction of Election omitted from pubhcation.113
CHAIRMAN MURPHY and MEMBER KENNEDY, dissent-
ing in part:
Contrary to our colleagues, we would find the head
nurses of Noble Hospital to be supervisors within the
meaning of Section 2(l 1) of the Act.
The nursing service at this Hospital consists of
approximately 238 employees and is divided into
units such as medical surgical unit, intensive care
unit, operating room unit, etc. In spite of the number
of employees involved and diversity of functions
performed in the various units, our colleagues find
that the supervision is limited to that of the shift
supervisors and the overall administrative supervi-
sion by the director and assistant director of the
nursing service department. We view this as unrealis-
tic. We find that the head nurses at the unit level are
supervisors.14
A head nurse is normally on duty during the day
shift with the responsibility for the operation of her
unit at all times. She stays beyond the day shift to
give necessary instructions and she is subject to call
to return to the unit at any time necessary. She is
responsible for the scheduling of worktime of the
employees within her unit. Proper coverage of the
unit at all times remains her responsibility. She
schedules the vacation of the employees in her unit
and must resolve conflicts in vacation requests of the
employees in her unit. While she may consult with
the nursing office, which may be able to assist by
furnishing other personnel, it is clear that the
vacation scheduling remains the responsibility of the
head nurse. This is also true as to holidays and
arranging compensatory time off for those employees
required to work holidays. The head nurse also
validates overtime worked in her unit. If a unit is
busy at the cQnclusion of a shift, the head nurse
authorizes employees to remain on duty beyond their
scheduled worktime. At the end of the week, the
13 [Excelsior fn. omitted from publication ]
24 We agree with our colleagues that the head nurses assigned to the
nursing and recovery room are not supervisors within the meaning of the
Act. In contrast to the other head nurses, it appears that neither of these
head nurses has any personnel regularly assigned to her unit. The employees
that are supervised by the central supply head nurse consist of employees
head nurse verifies the timecards of employees in her
unit. No explanation is required as to the reasons for
the overtime beyond the head nurse's initialing of the
timecard. The director of nursing service testified
that she could recall no instance of rejection of an
overtime payment approved by a head nurse.
Accordingly, we disagree with the majority that the
role of the head nurse with respect to overtime is not
an indicia of supervisory status.
It is the responsibility of the head nurse to prepare
written evaluations as to the performance of employ-
ees in her unit. These evaluations are made at the end
of the 90-day probationary period and at least once a
year as to all other unit employees. The head nurse
must in each case discuss the evaluation and
appraisal made with the affected employee and
obtain his or her signature. These evaluations and
recommendations of the head nurse are used by the
director of nursing as the basis for personnel actions,
including retention of employees after the 90-day
probationary period, wage increases, transfers, etc.
While the final decision is made by the director of
nursing, as noted by the majority, the evidence
establishes that any independent investigation by the
director is usually limited to recommendations of
discharge. Merit increases are withheld and employ-
ees reassigned based upon the evaluation of a head
nurse. The head nurses in their biweekly meetings
with the director of nursing have been reminded of
their authority to take disciplinary action. The head
nurses have exercised disciplinary authority such as
unilateral removal of a staff nurse from duty for the
remainder of the day because of conduct or attitude.
We conclude from the record that the duties and
responsibilities of the head nurses extend beyond the
professional direction of the employees assigned to
their units. Their duties and responsibilities involve
the exercise of supervisory authority as defined in
Section 2(11) of the Act.
not in the bargaining unit. However, for the reasons stated in Member
Kennedy's dissent in AutomobileI Club of M,ssourt, 209 NLRB X614 (1974),
we see no valid distinction as to whether the employees supervised are unit
or nonunit employees . Accordingly , we include the central supply head
nurse with other head nurses in finding supervisory status.