Wayne State University, et al.

National Labor Relations Board - Board Decisions

Nov 19, 1976

226 N.L.R.B. 1062 (N.L.R.B. 1976)

1062 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Wayne State University, et at. and Wayne State Uni-
versity House Officers Association , Petitioner. Case
7-RC-12639
November 19, 1976
DECISION AND ORDER
BY CHAIRMAN MURPHY AND MEMBERS FANNING
AND JENKINS
Upon a petition duly filed under Section 9(c) of
the National Labor Relations Act, as amended, a
hearing was held on December 17, 18, and 19, 1974,
and January 13 through 17, and 21, 1975, before
Hearing Officer Joseph P. Canfield. Following the
hearing and pursuant to Section 102.67 of the Na-
tional Labor Relations Board Rules and Regulations
and Statements of Procedure, Series 8, as amended,
by direction of the Regional Director for Region 7,
this case was transferred to the Board for decision.
Thereafter briefs were filed on behalf of parties to
the proceeding and briefs as amici curiae by interest-
ed parties. Oral argument was heard on September 8,
1975.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
On the entire record in this proceeding the Board
finds:
1. The Employer is engaged in commerce within
the meaning of the Act and it will effectuate the pur-
poses of the Act to assert jurisdiction herein.
2. As we find hereinafter that interns, residents,
and fellows are not "employees" within the meaning
of the Act and Petitioner is composed solely of in-
terns, residents, and fellows, we find, for purposes of
this proceeding, that the Petitioner is not a labor or-
ganization within the meaning of the Act.
3. No question affecting commerce exists concern-
ing representation of employees of the Employer
within the meaning of Section 9(c)(1) and Section
2(6) and (7) of the Act for the following reasons:
The Petitioner herein seeks to represent units of
interns, residents, and fellows at five hospitals parti-
cipating in the Wayne State University Affiliated In-
tern and Resident Program.' The Employers contend
that interns, residents, and fellows are students and
not employees. For the reasons set forth in Cedars-
Sinai Medical Center,2 we find that the interns, resi-
dents, and fellows are primarily students and are not
employees within the meaning of Section 2(3) of the
Act. Accordingly, as no question affecting commerce
exists concerning representation of "employees" of
the Employer within the meaning of Section 9(c) of
the Act, we shall dismiss the petition herein.
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 251 (1976), I
dissent from the dismissal of this petition.
1 The five participating hospitals are Grace Hospital , a Division of
United Hospitals of Detroit , Inc , Harper Hospital , a Division of United
Hospitals of Detroit , Inc , Hutzel Hospital , Children's Hospital of Michi-
gan, and The Rehabilitation Institute
2 223 NLRB 251 (1976)
226 NLRB No. 168