Golden Valley Memorial Hospital Dist. v. Missouri State Bd. of Mediation

• Decision Date: 05 December 1977
• Docket Number: Nos. KCD,s. KCD
• Citation: 559 S.W.2d 581
• Parties: 97 L.R.R.M. (BNA) 2759 GOLDEN VALLEY MEMORIAL HOSPITAL DISTRICT, Appellant, v. MISSOURI STATE BOARD OF MEDIATION, and Golden Valley Registered Nurses Association, Respondents. 28781 and 29128.
• Court: Missouri Court of Appeals

Page 581

559 S.W.2d 581

97 L.R.R.M. (BNA) 2759

GOLDEN VALLEY MEMORIAL HOSPITAL DISTRICT, Appellant, v. MISSOURI STATE BOARD OF MEDIATION, and Golden Valley Registered Nurses Association, Respondents.

Nos. KCD 28781 and 29128.

Missouri Court of Appeals, Kansas City District.

Dec. 5, 1977.

Donald W. Jones, Prewitt, Jones & Karchmer, Springfield, for appellant.

Dan K. Purdy, Osceola, for Golden Valley Registered Nurses Assn.

John D. Ashcroft, Atty. Gen., Bruce E. Anderson, Asst. Atty. Gen., Jefferson City, for Mo. St. Bd. of Mediation.

Harry L. Browne, Stanley E. Craven, Spencer, Fane, Britt & Browne, Kansas City, for Mo. Hosp. Ass'n amicus.

Before TURNAGE, P. J., and PRITCHARD and SOMERVILLE, JJ.

TURNAGE, Presiding Judge.

Golden Valley Memorial Hospital District appeals from the order of the circuit court affirming the order of the State Board of Mediation which found all of the registered nurses employed by the Hospital, except for the Director of Nursing Services, constitutes an appropriate bargaining unit. A second appeal filed by the Hospital and consolidated with the first in this court, was filed after the Board had certified the vote taken by the bargaining unit established by it.

On this appeal the hospital challenges the adequacy of the finding of fact made by the Board. Reversed and remanded.

The first appeal taken after the certification by the Board of the bargaining unit is premature. This court held in Lincoln County Memorial Hospital v. Missouri State Board of Mediation, 549 S.W.2d 665 (Mo.App.1977) that an appeal must await the vote taken in the bargaining unit established by the Board. For that reason the appeal in No. 28,781 is dismissed.

The vote taken by the bargaining unit revealed 29 votes in favor of the Golden Valley Registered Nurses Association and none opposed. The Hospital challenged the vote of 17 persons on the ground such persons were supervisors and were improperly included within the bargaining unit. The Board rejected the challenge to these votes and reaffirmed its earlier decision in which all registered nurses, except for the Director of Nursing Services, were included in the bargaining unit. On appeal to the circuit court, the findings by the Board and the rejection of the challenge to the 17 votes was affirmed.

On this appeal the Hospital contends the findings of fact and conclusions of law made by the Board in establishing the bargaining unit were insufficient as measured by the requirements set forth in Century State Bank v. State Banking Board of Missouri, 523 S.W.2d 856 (Mo.App.1975) and cases therein cited. In Lincoln County this court severely criticized the findings of fact made by the Board in that case and partially quoted such findings. 549 S.W.2d 670. This court held to the extent it could the findings in that case were insufficient and suggested the Board would want to reopen the case for the purpose of making new and additional findings of fact.

The findings of fact and conclusions of law made in this case by the Board are identical to those made in the Lincoln County case. What was said in Lincoln County concerning such findings is fully applicable here.

The issue presented to the Board was whether or not supervisory personnel should be included in the bargaining unit. As this court noted in Lincoln County, the Board made the inconsistent finding that all registered nurses have a community of interest, yet the Board excluded the Director of Nursing Services who was a registered nurse. There is no need to add to the comments made in Lincoln County concerning the findings of fact and conclusions of law made by the Board in that case and in this case. Such findings of fact and conclusions of law are totally inadequate to afford a basis for judicial review.

The basic question presented to the Board was whether or not any registered nurses should be excluded from the bargaining unit on the basis of their duties being management rather than employee oriented. The Hospital presented considerable evidence concerning nurses designated as supervisors,...